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HomeMy WebLinkAbout7580 in or I 13?k0l"b -4,312-2 -'313/*,2--;z Devi q�IQ.Wy �f- �xc ski lacz 4 AU 4W or OPO-A Cfn OT o(n :31ace, sewl LL4 kjaN f /C2 Spe)c-t'al bal w (a) dg,o, 1-3(3 Cly PR ap0 /� I 0.31 1 De VIJ vi pavt., oozn+ L'J/ I 1 i I Owner: Bertault, Vincent File #: 7580 Address: 95 Navy St Code: 13ED Agent Info , . Wickham, Bressler & Geasa, P.C. Mr. Eric J. Bressler P.O. Box 1424 Mattituck, NY 11952 Phone: 631-298-8353 - Fax: 631-298-8565 Email: ebressler@wbglawyers.com BOARD MEMBERS rjF SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road• P.O. Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® a� 54375 Main Road(at Youngs Avenue) Nicholas Plammento c®U Southold,NY 11971 RECEIvE® http://southoldtownny.gov � LI ZONING BOARD OF APPEALS P � l TOWN OF SOUTHOLD aP 1 2022 Tel.(631) 765-1809•Fax (631)765-9064 � S®uth®Id Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 7, 2022 ZBA FILE# 7580 NAME OF APPLICANT: Vincent Bertault PROPERTY LOCATION: 95 Navy Street, Orient,NY SCTM# 1000-26-1-12.2 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 II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. PROPERTY FACTS/DESCRIPTION: The subject property is a is a non-conforming 19,905 square foot parcel located in an R-40 Zoning District. The parcel runs 85.71 feet along Navy Street. The parcel runs 65.93 feet along Willow Street. The parcel runs 207.70 feet on the West side, 154.15 feet on the East side, turns 54.53 feet on the North side,and turns 49.92 feet on the East side. The parcel is improved with a two-story frame house and a one- and one-half story frame barn. All is shown on a survey prepared by John T. Metzger L.L.S., last revised December 3, 2020. BASIS OF APPLICATION: Request to reverse a Stop Work Order issued by the Building Inspector on August 24, 2021, pursuant to Chapter 144, Section 144-8, for construction beyond the scope of Building Department Permit #44198; located at: 95 Navy Street, Orient,NY. SCTM No. 1000-26-1-12.2. RELIEF REQUESTED: The applicant requests that the Zoning Board of Appeals reverse the Stop Work Order dated August 24,2021 for construction beyond the scope of BP 44198 Issued on September 23, 2019. PRIOR APPROVALS: The applicant has the benefit of a ZBA Area Variance #6729 dated April 17, 2014 approving the relocation of an accessory barn and accessory shed from an existing non-conforming front yard location on Navy Street to a new non-conforming front yard location on Willow Street on the subject parcel which is a through lot. The parcel received a Certificate of Appropriateness, Resolution number 6.17.14.1, dated June 18 2014; from the Southold Town Historic Preservation Commission for an application to re-locate, preserve and restore an historic accessory barn and accessory shed to a front yard location facing Willow Street e Page 2,April 7,2022 #7580,Vincent Bertault—Stop Work Order SCTM No. 1000-26-1-12.2 PUBLIC HEARINGS AND WRITTEN SUBMISSIONS: During the public hearing of February 3, 2022 members of the Board requested that the applicant's architect submit architectural drawings documenting the current as-built condition of the barn and a site plan/survey showing all as- built construction on the subject property so they could be compared to the drawings previously approved by the ZBA in ZBA file #6729 and the HPC Certificate of Appropriateness, Resolution number 6.17.14.1. On March 1, 2022, the applicant submitted architectural drawings prepared by Gary O'Connor, Architect, labeled A-1 and A-2 and dated February 15, 2022 containing the following notation: "note: site plan incorporates data from surveys prepared by:Peconic Surveyors, P.C., Southold NY 11971 December 12, 2012; March 2, 2020, November 23, 2020 and Ward Brooks, Land Surveyor, Blue Point, NY 11715, October 29, 2021. At the conclusion of the second hearing on the subject application on March 3,2022 the hearing was closed to further testimony but left open until the March 17, 2022 Special Meeting to receive additional written submissions. At the March 17, 2022 Special Meeting of the Board of Appeals the matter was left open to receive additional written comments until March 24, 2022, including written comments from the Building Department which were received on March 18, 2022. At both public hearings many of the neighboring property owners testified before the Board that the work completed to date on the barn and on the subject property was in violation of the Southold Town Historic Preservation Commission's approval and the Town Code. Numerous written submissions were also received stating the same, including a letter from the Chairperson of the Southold Town Historic Preservation Commission dated January 31, 2022 in anticipation of the ZBA's public hearing on February 3, 2022, in which she indicated that the belief by the HPC that the applicant is not in compliance with the HPC's C of A for the barn had not changed,as stated in her two previous letters to the ZBA dated June 8,2021 and September 1,2021 outlining how and why work done on the barn did not comply. On March 16, 2022 the Board of Appeals received another letter from the Chairperson of the HPC with annotated drawings and photographs documenting how and why the applicant is not in compliance with previous approvals and supporting the continuance of the Stop Work Order. Several memoranda of law were received from the applicant's attorney, with exhibits, arguing that the Board of Appeals should reverse the Stop Work Order and from an attorney representing a number of neighbors opposing the reversal of the Stop Work Order. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on February 3, 2022 and March 3, 2022 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 regarding the applicant's request to reverse the Stop Work Order: 1. Powers of the Board of Appeals. The Southold Town Code expressly provides the ZBA with the authority to hear an appeal of a SWO. Town Code §280-146 (Powers and duties.) states: In addition to such powers as may be conferred upon it by law,the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. As an "order" of the Building Inspector,the SWO falls under the ZBA's appellate jurisdiction. 2. Powers of the Building Inspector. The applicant claims that the Stop Work Order should be reversed because it is ultra vires. According to the Applicant, Town Code §144-8 ("Building permit required; application for permit.)and Chapter 144 do not generally support the issuance of the stop-work order.However,the powers and duties of the Building Inspector are set forth in Town Code §144-5 not §144-8. Specifically, Town Code §144-5(C)(1)states: C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter: (1)To issue stop-work orders . . . .Not only is the Building Inspector expressly empowered to issue stop-work orders, but Town Code §144-13 provides further guidance, stating in pertinent 0. Page 3,April 7,2022 #7580,Vincent Bertault—Stop Work Order SCTM No. 1000-26-1-12.2 part: §144-13 (Stop-work orders.) A. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt: (1)Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or(2)Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or(3)Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. In the Zoning Board's determination#7467 dated December 2,2021,the applicant,Vincent Bertault, requested variances for a front yard setback for a seasonal dwelling,and a swimming pool in a non-conforming front yard. In that decision, the Board noted the following: "On August 24, 2021 a STOP WORK ORDER was issued by the Town of Southold Building Department, regarding construction beyond the scope of Building Permit #44198, pending resolution of the ZBA application. The STOP WORK ORDER was in response to excessive excavation at the site including the installation of masonry walls, considered fencing, along much of the perimeter of the property and the raising of the relocated barn onto an elevated concrete foundation thereby necessitating the construction of a ramped driveway to access the barn proposed to be converted to a garage and an accessory apartment from Willow Street with a slope of approximately 17%. The pool in the front yard is proposed to be located in an elevated earthen plinth in continuance with the concrete retaining walls required for the elevated foundation of the historic barn proposed to be converted to a garage and accessory apartment in the related application#7468SE also before the Board." Even though walls up to 4-feet high may be exempt from the requirement to obtain a building permit, the Board finds that excessive excavation and the construction of a labyrinth of concrete retaining walls throughout the property has given rise to potentially unsafe and dangerous conditions for neighboring properties and further,that the Building Inspector is authorized to halt work regardless of whether or not a building permit is required when it involves safeguarding the health, safety, and welfare of the Town's residents. 3. The Stop Work Order satisfies the requirements of X144-13(B). The applicant claims that the SWO should be reversed because it is impermissibly vague because it fails to state the reason for its issuance and the conditions upon which work can be resumed. Town Code §144-13(B)states that: B. Stop-work orders shall: (1) Be in writing; (2)Be dated and signed by the Building Inspector; (3) State the reason or reasons for issuance; (4)If applicable, state the conditions which must be satisfied before work will be permitted to resume. An examination of the instant SWO shows that it satisfies the requirements of§144-13(B)because: (i) it is in writing; (ii) it is dated August 24, 2021 and signed by John Jarski, Senior Building Inspector; (iii) states the basis for issuance as "Construction beyond scope of BP 44198 issued 9/23/2019;"and (iv) states work will be permitted to resume"when the Zoning Board of Appeals and Building Department have issued approvals for all changes."The Board finds that the SWO was clear and concise and that it is not impermissibly vague. 4. Non-Compliance with prior approvals. The architectural plans submitted by Gary O'Connor, Architect, dated February 15, 2022 materially differ from the plans approved in ZBA determination#6729 dated April 17, 2014 and HPC approval 6.17.14.1 dated June 18, 2014. The updated plans show that the barn roofline has been changed and the barn's height is several feet over the approved 18' 9" above natural grade. The Building Inspector submitted the following written evaluation of the drawings to the Board of Appeals on 3/18/22: "Upon reviewal of site plans and elevations dated 2/15/2022; sheet AI and A2 received 3/15/2022: 1. As built overall Page 4,April 7,2022 #7580,Vincent Bertault—Stop Work Order SCTM No. 1000-26-1-12.2 height [of the accessory barn] exceeds the maximum height for accessory structures by 2+(two plus) feet from natural grade. ZBA approval is required. 2. Project has exceeded original scope of relocation of barn on to new foundation' permit. It has become a demo and new, per Town Code. ZBA approval is required. A Notice of Disapproval will be issued." Evidence presented to the Zoning Board of Appeals shows that the Building Inspector had a rational basis for issuing and maintaining the Stop Work Order and that the SWO satisfies the requirements of§144-13(B). RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Weisman(Chairperson),seconded by Member Planamento, and duly carried,to Uphold the stop work order issued by the Building Department. Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes,Acampora, Planamento and Lehnert. This Resolution was duly adopted (5-0). Leslie Kanes Weisman Chairperson Approved for filing / /2022 o' s4 10644— # f TOWN O SOUTHOLD BUILDING DEPT. 1 `ycourm `' 765-1802 INSPECTION [ ], FOUNDATION 1ST [ ] ROUGH PL13G. [ ] FOUNDATION 2ND [ ] INSULATION/CAULKING [ ] FRAMING/STRAPPING [ ] FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ CODE VIOLATION [ ] PRE C/O l REMARKS: Vow w 1� � qtw' wpivs 1 t At* rec.�,i✓ ► Y p Iry bV� 09livion J-4y UasSbr4yO &wb &6) 4eqi- �4 04AVOA/ !t�W hpkM, &OV101.,- ro � Pio e wad co o 'o n f t ku) b ow omcl-Al ez - �c v I . r DATE �J S6 L - INSPECTOR .. LAW OFFICES WICKHAM,BRESSLER& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICI �AM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 1 ABIGAIL A.WICKHAMrL�� JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 9 OF ebressler@wbglawyers.com GgOP� September 16, 2021 ���N Hand Delivered Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Attn: Ms. Donna Westermann Re: Appeal of 95 Navy Street, Orient, New York-SCTM# 1000-026.00-01.00-012.002, ("Premises") Ladies and Gentlemen: We are the attorneys for Vincent Bertault and write concerning the above referenced matter. The appeal is from the Stop Work Order issued by the Building Department dated August 24, 2021. Our client seeks a reversal of the Stop Work Order. Accordingly, we enclose the following papers, in eight sets, in support of the appeal: 1. Copy of the Stop Work Order dated August 24, 2021; 2. Application to Southold Town Zoning Board of Appeals with exhibits; 3. Applicant's Project Description; 4. Questionnaire for Filing ZBA Application; 5. Grading &Drainage Plan(Stormwater Management); 6. ,Pre-existing Certificate of Occupancy; 7. Agent Authorization; 8. Short Environmental Assessment Form; 9. Consent/Authorization of Owners; 10. Applicant/Owner Transactional Disclosure Form; 11. Agent/Representative Transactional Disclosure Form; 12. Survey; 13. Property cards. There is no fee applicable to this application in the published fee schedule. It is not an application for a variance, special exception, interpretation, or other application requiring a fee. Please schedule this matter at your next available hearing. Thank you for your attention to this matter. *riessler yours, ;= EJB/cs Encls. Fee:$ Filed By: Assignment No. RECEIVED. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS SEP 16 2021 REVERSAL ZONING BOARD OF APPEALS House No. 95 Street Naw Street Hamlet Orient SCTM 1000 Section Block 26.00 Lot(s) 012.002 Lot Size Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: August 24,2021 BASED ON SURVEY/SITE PLAN DATED N/A. Owner(s): Vincent Bertault Mailing Address: P.O. Box 51, Orient,New York 11937 Telephone: 917-667-4166 Fax: Email: vbertault@yahoo.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: Wickham,Blressler&Geasa,P.C. for(X)Owher()Otlierc- Address:13015 Main Road,P.O. Box 1424, Mattituck,NY 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Email: ebressler(ii,wbglawyers.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 ISSUED A: ()Building Permit () Certificate of Occupancy()Pre-Certificate of Occupancy () Change of Use ()Permit for As-Built Construction (X) Other: STOP WORK ORDER Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article 144 Section: 144-8 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 (X)Reversal or Other A prior appeal(X) has,() has not been made at any time with respect to this property,UNDER Appeal No(s).95218 (2003),#6726 (2014),#7467 (2020) and#7468SE (2020). (Please be sure to research before completing this question or call our office for assistance) Name of Owner:ZBA File# �ll %' Y iz}+,a,F{j ?s• Cdr J,. s {� Z S`y9 cvs.,s �N, 7 :F' -''a=� ,s`", .3'3"r F 11qu V47 ( '• i ,1 .P I !' '� k 1 `k 1� J �St q�'v�M � to�i � 1 t d R y4 5 - jig w RECEIVED "g, 's .. Y C 9 1 t Y ,a.n ry -Tzi -,2 rte€r'` iF`" 's xt of>'S'rt #-'r .�,t�OF,S�IUj� fkAz°4t { s '-ez�..yet "n$ € t'c�.i Str'1tt Sr ,.� e i O�p #c i'"r la,k ,.. P }tt'�`s r 1�5 t s.P�4 ,$ 5 k k71 rr e r "uwu.titdlAnno{-?ta r yTcIFax(6�ili1r65 9S02�a�S s"�^aE s tt �137i h71=ini79 odY.e� {tY r y 7" 'EP .zs 1 3t`te .,ts a cPU1`ltr..i1tj•.j+.c}Tit<�s,{'st,l-xs'"7,5� r�' `ixnsY .y�ri, ..,�. cJ' 2021 ENE,� t#k Jsgvaf¢ '�°a� �lwk tr N. ,,3ti2 4 r s'4 a 3� tC UI��1dVA _ t v.t r {, w{" ,#,a 3 i t t' ��/ i"7� 1 ✓kt'�t t i �; i ry 4 s �.Y 3'' ' t tG�f t`5�f3 Ui"rx`�"4 �3 3, �r OARD OFAPPE }at '. x ALS st aU1LDINGbkPARIM8N7xf�aC - t�i a:49fl& t aH fi r j r} s TOWN OFS`OUIHOLDy '< �*e ` 1 YP '„r p g_ ° } •zskr~=,i' tJ .� t STOP WORK ORDER1 is r3 x �sr ' b r x a a yf a �¢ymi• i{+1 e , - � r.. .. a t era, t,�, t ti `"^ Y rtitt*"....� �' .��,p x'Kt a r}`_ ` i TO VinceniBertault !n a �; .; x rtes v ' t t a' ' PO4iBOX 51 '} Y _Ea Y ny x r 3 at fi5€ i { ty } ) I9 Onent New York 11957 r f �; q �� ;b N.0 ',a c T ta' '''.^ i �. It tp�f� �fiy c Jw. .3 1 .#tea e;'r'i-. r,",S�{�Sr� A.,�+t't ��i 3,iS�c. �r'i+r"'`L r�k��j�"��z� �� •� i rar( e ak d r( 3 a x7 F s 1 wu�n P fat r� YOU ARE HEREBYtNOTIFIED4T0 SUSPEND ALL,WORK 4xa,�, t�-iy>rx"� y s-r ''�" ,trt �s�,���s l Y.�c�� b�a y q.. �=zz. v's��� �c�.,x 'r�.,G'-'•:� ti—R.."' M-,ixg n"'L 95sNe�.W�+ I$t'eet}Orient �l{ .+a�w p- � yM t v 16 s i S Y e 3bu4 r JS;xXf" M ba a kt'`•,rr�3Ne :iy u �s k's, ca,^; u t S PursuantxtoSectlon144AQofthegTownoftSouthold�NewYork,ty4ouarerihereby�� , �TtM -*x*-. Zn ar `T- cr rlotfitted'k o l rrledlately suspe d5al$work=until this rderthaslbbeen'rr�esci ded ca a-a4p., r .r++'Se. Mt� rt,.^C � n.� s•` 't" '" ,BA31S'OF„STOP�WORK ORDER r 4�r jcy "; r f k r? s dna z4t$Yjr yr�1,T utC. 4i�=�t � rl + ' k C {r� £t L� YL V4 2 n ��L�q�'ur r-f4,lY�ri`�/..15 ti t 411 Cs.•,.E��.�'sL'�c'�!A`nt�rf3:&w'f. ttt.{��A '�. ,y-.�Mk r�.ira,..v.✓�:.Y,y +a.i-ar 6 ,`�yg.�k F.i'." 2"" kf. �`.� � �6e,�;t-�.,f x� nzt M ,,, Constructiontbeyond scope of BPsb4198�iesuetls912312019 I s m �tY �3a 3� ��s�CONDITIONSsUNDER�WHICH WOR MAY�BE�R„+'E�BpUMED� a��x�.��r�, ��� � � �S_� j �1N4,_R'�v � !�J'^c Ifi, Bh'iY,�,;R � '1.y�'``s iJ,lp '�a.;iaF„q�131 ,s'D✓�"yi A1, 7.�'�Y �+(`'�'s��� �X''Ctl�+'��'t`X�^'�r`' X ?t5f;y�t lr.�v - ✓r } rn WhenrthetZonbartl of Appeals�and BuildlnsnDepartment have issued z 5 a , fw�,p'Es9�,r tz?�$ sryr. '-'xy„4.3i vy<'xz'a �3'+trt .Y tyy.r, ti.a� =41,y =1 ''n' �.£1 `x` Fas44 teplirOValSkfor>`ellrchanQeS t �'• ,w s'J. 'x�4r. •t:3r,f y' ori •: 5- Yt+„,`krs3 ^�F'#•-t e Kr ,g' L F' ,e '+ r+ s 7 �# i s5Yaki, rvn4t ��Sekal ri vrngia P kr'i .�.�AF, wFAILURE TO REMEDYcTHECONDITIONS ORESAIDtANDTOlCOMP.LY{ �t s�5 t����1�r�� WITH�THE�APPLICI\BLE PROVISIONS OF_4LAWIMAI(�CONSTITUTEsANi��'9, ��� } ,1 �K K OFFENSEPUNISHABL'EjBY�FiNEsIMPRi NM T30R+ THE ,s !gkultl � •: t� �l)ATE sAugust524,202^1,�"r � �.��� r f "as m ;� auk• &'a 5� +s•. a r 7 In � �.. , xi.{ r r+1.,• ,;�`^ �t"��,« s� -e �" sm�k J ��,• � ��j a�:faa �'�.�Ya#xi."�%s t z ^Ms i r"'ty -Sc a as ^..a a1a...lYsrwrr � ITtS LL E'UNLAWFUL 00 ESOT ISYI TI EI T VRITsTEN = u 4, x ova CONSENT OFTHEeISSUING A ENC.�'}�//� f' �. ty !r sG �.1e ...• .moi (, `` iY ` tE' S 2 ` r`7= ' aasyr` rSs . x"�k� ` r c *t tnTtals ' t y, tptz t B�A €,tr '' a. 'aF6 = i'^ ' ,'ahs-q '^-3° >n 7 NNW "�'va at "t.��J`�'ra"r`3 �+ '� '� � �sdf' � � `�c�'�'*P,��y � ���,=..`� iE{_. ''5 h,t c'C4 '"kt'.'Fd R exi,ti• `i t �t � r=�'i' v s � { rscYRa` *Fesu` �/ { 4 �'�k y,._� tf a, jr'"f' -rtt' 1. fF'„vi f N 6-gT7,''�is,•'+{^3 }� �3 "^"'= «1 � v€{' ry4+wi q�yt h FJ.v�� �.>• } „C �gti3 5 "£�`r > a, M rki'�F'�T }��t+��c�s ''a� L '`� � {y y���'3xntMu7����{�xJaxr,"c. 'a$t*> '0.•.:.>`a+�tL`2 '� `�,' .�'. +" ..... Z' >.rY=.5A1nUr+.aY.i... .A i._ 'a\�.+a✓�.s=rr.>'1' .. RECEIVE REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's D wo signature notarized): SEP 16 2021 ZRN �BOARD OF APPEALS The Stop Work Order dated August 24, 2021 , ("SWO"), copy attached asxilbit A, is improper and should be reversed for the following reasons: 1. Southold Town Code §144-8 specifically and Article 144 generally do not support issuance of a stop work order for"Construction beyond scope of BP 44198 issued 9/23/2019". Indeed, §144-8 fails to contain any reference to a stop work order. The SWO is, therefore, ultra vires, and should be reversed. 2. A stop work order under Article 144 must state the reasons for the issuance: SWO fails to meet this requirement since it fails to specify in what manner, if any, the work is allegedly beyond the scope of BP 44198 issued 9/23/2019. The SWO is, therefore, impermissibly and unconstitutionally vague and unenforceable and should be reversed. 3. A stop work order under Article 144 must state the conditions which must be satisfied to permit the work to continue. The SWO fails to meet this requirement since it does not specify what needs to be done in order to lift the SWO. An assertion that the Building Department and the-ZBA must approve some.unspecified changes fails to satisfy this-. .- requirement. The SWO is,therefore, improper and unenforceable and should be reversed. 4. Building Permit#44198 approved the relocation of a barn and shed. The relocation of the barn has been completed in the designated area. The relocation of the shed has been completed in the designated area. 5. On April 6, 2021 the Building Inspector issued Building Permit#46037 to replace Building Permit#44198. Copy attached as Exhibit B. If there were any violations of Building Permit#44198, Building Permit#46037 would not have been issued. Thus, issues under Building Permit#44198 are moot. 6. Prior to filing this appeal, the Applicant, by his architect's letter dated August 26, 2021, advised the Building Inspector that the'S O was vague and i �ernd sought clarification. The Building Inspector failed to r spond to this letter leavie Applicant no alternative but to appeal the SWO. Copy of lett r attached as Exhi it C. Sig re of Ap lica t or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day of Septe er 202 11 Notary lic Cheryl Simone 110my Public,State of Newly* No.31.4970341 Cmnds�sfM Expl February 4.7d.�,.:-� liXHIBIT B r" x. :1 t h wb i"+r i 5�,i�+;-Rf*� }ir�x ii�y+� as �.�7i15 <,i,,.,3 'V x,. 3 r # kl c, t_ 4z-� 3 t f�.:• j'S`L7:-y+,,.i j `F t f. si k Tr k k f ;a+ �' ; r _t t �•� rry� TOWN�OF SOUTNOLD f, tr 5I w t + ?t k'td •2 q .} z r� as s',r� .} x €r f �r BUILDING4DEPARTMENTnr z u r � �zw x 1 4 arz 9 1 r yx rt n i e v1 yk fS z 4 k 4 F c x¢ x y } s+ ?. 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O'Connor—Architect 8 Coryell Street, Lambertville,New Jersey 08530,609-397-3q P 16 2021 August 26, 2021 ZONING BOARD OF APPEALS Mr. John Jarsky, Senior Building Inspector Southold Department of Buildings Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Bertault Residence, 95 Navy Street — Stop Work Notice for Barn Relocation Project Permit#44198 VIA EMAIL AND US MAIL Dear Mr. Jarsky, My client, Mr. Vincent Bertault forwarded-to me.a copy.of the Stop Work Notice,issued August 25, 2021, and to be honest, this Notice is too vague to be actionable. I am writing to request you provide in writing, specific issues where work being performed is outside the work scope of this permit so we may address your concerns. As you know, the neighbors here have been constantly making false alarm calls to your office in efforts to stop work while at the same time complaining that the job is taking too long. Mr. Bertault deserves to know the specific complaint so he may address this in an effort to lift stop work order and complete this project. Please do not hesitate to contact me with any questions. Sincerely, l Gary R. O'Connor, AIA Architect Cc: Mr. Vincent Bertault, Property Owner Mr. Eric J. Bressler, Wickham,Bressler& Geasa, P.C. RECEIVED APPLICANT'S PROJECT DESCRIPTION SEP 16 2021 APPLICANT: Vincent Bertault DATEPREPAIRTNC8�*WhP rPiS L52021 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A II.New Construction Areas(New Dwelling or New Additions/Extensions): N/A. Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes, please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) N/A (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): N/A Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: N/A 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): N/A 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 -'� QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? SEP 16 2021 Yes Xk'No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. N/A C. 1.)Are there areas that contain sand or wetland grasses? MM 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? 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: 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? RU 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? Yes If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Stormwater ManagementX94M 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. 1. Please list present use or operations conducted at this parcel Residential Single Family and the proposed use Residential Single Family, Accessory Apartment (ex: existing single family, proposed: same with arage, pool or other) , Z� Authorize signature nd Pale' .DL DRAINAGE CALCULATIONS: �• +roj NJO/F wvu vBR r[na SYMBOL r1ENmW4mNIN5NILB M+asn+o}romwocuwcE Hr AM STREET 1'' MIX 14 cALrc NATBuuN s wiBmBLBRwuO„pq}Gs(LUMwo LAwNENCE BFASIFJN 10'ML G 10 C S9ACMGI6•�� �� iROwDw i�.�}fin onias�rca.cE nENm+c WILLO W :> SCTL,1000-25-01-GB 65.9 ' asmwruz}aswKcmAurrcarrcaurcoor+a urva N8578'30'E owaj-jN uMParvavBNDrt+AwwvamoTuluulaRmiGP}c r ]6'MIH LCMGTH r[MCC a+a WEL- 'To BIIVCN INRL K. ar pL to ricornn m¢sNn —v [' Y •tear Mi0 rJBjl OAVHrF1aG' r NNo.r�Io Nnaic 52 a )Elar or num saroor:uw 01J' snAssF+mami•N !+•^ O•�M+UMoiDtVNc�uwq _ � PavBOnaiG HrIYF+m1Tn.u 1.r(L.bNrYAOMHa Nz]U C •IB•NIN • pOMa++NAMa Nru • •A• • y,,r[�.J}�/• , 6-PINr•fm +Nl6JZ6Nr•f1KA}CLL RFJTKDI.aml1Jcr A+ ,r n + } h~ O O nw• •• •• }wc[mvmm. �m.cr a«ov NI I ” 22, PrMmr v+ry m[).lua.vow}Ln.}ev}Lnuo,.s.IK.uK v 00 E \.leux n i 1= W is vi mac FD�OM Iroce wsr 'by°'"•ezJ B- nussi+marm.¢!or zrarma oorom n nno.a.s.¢ ronKaavnaALrR V A4. ]DU IDACT�NO'VITAL MU.CLOTH 00 R Dti na 70• MW 20•NIN alGNA}rl6r•+!}K41GL}EETacoum ti �� 11aa Nm ! \ O III H WOISMBCO MOND f4UBEMB,Dm O 1 1 COPACTCO SML V}E1•tUGaGBN}EY•)WILnI}Bin'•}K.+liK U°"T aowN[s,P}M ENBmra6- [10TH 16MB1 D„A „TAT GENERAL NOTES all+' ♦ N A NIX 6 6'IN e✓flUN1 S1pueEaEBWLO. •e+•[eJ n -- o :i aas.r: m]n:+marm.ulc we.¢.•..r+�.[ao-nn¢r.r¢..m •� ®� IR m 1 Tri s>L__ UIBJLl BNJ•+.srmrxrtLruNiwm L°I OO O` »ortoCONSTRUCTION P IFI CATION wu}armWOfNmwy LGacERPQ9m. �M•M.•[.. 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H CL' L[MI BALE LULL BE UMCMD IN THE SOC A.MINl—W(1).BOOS,MB + ""•”" W 'Z Q P A¢➢SO M BINDINGS MC IOOEc1TN U O 1 BALLS SINLL BE SECWCLT M043ZCD IN PLA¢BY EIINCR TWO SiMES M K-BMS N TV01 THOXRIC F`M B,LC M rUir AT IN[ACM BY[SHALL CONCRETE WASH-OUT AREA DETAIL m K S YEN IOWMD TIC PRCVIOOLT 1 BICC AT M LNOLE r0 r9 M •"'�^''••""y„•• LL w ,rT MMtty,n^ BYES TOQT}[M.ST/uK5 LUU.K WIV[N RVLI VIOT M 01LL r r1 V' 4 PfWKCTZOP S IE[p[E rcCq r MB ROAIR RCR/1QMXi S1NLL K MAK ......r•r... 1 SALEM K RUOVEB NEN TNET INK SALVED MIR US LESS SB Z •ro•�ra..,wa AS�NOr TO BL)M OR IVCD[STORM rLLW W BNINAC [ro.uc mm�dca w•.• q... e+ow. +crux AD1P1[B I+ON PEW PImViDBw USB,f t—, 1 V NNn rwc sr,Tc rc BaMucnT w v MaN mri�'' STRAW BALE SLOPE STABILIZATION NOTES: W sTASE D�,Rrlort Q IINVIRTNpTK fOlVAimL DIKE }[v SrA1E VATN rB¢ 30C• �NSOttVATR1[LNIrrE[ tAti •t M¢rw. «nw...wa wrwm J¢M,.��N+w .m[,...r,..r 1 »,.... 9 .Ma oP� ®'��� r.�.n• oo.m N¢.�r.1o¢.w.a�.MP¢..uR..arw~¢~,aw..s�.,�¢nao,...,re w..[*J<..Mr...00.». ¢rsulLL CNST.t000sEea�eltor.lu - •^ aPr ^vm[°w — `»"'° ""' _ BERTAULTRESIDENCE Condon Engineering,P.C. 95 NAVY SIRE ET LEACHING »N,,.•„.,,mNn... rn,»,,,.r.r�r�,. ..u.N.a»rm•.¢P,.ro,...,,¢r.¢,...n.r,.nv. ,}sss,}rw.Rosa ORIENT.NY OF CLEANOUTDETAIL M aN..m R •" ¢.r .rt., .N»nra,.¢na.rtm.a}P•.A Nna . wmwA N.NrPL nest ROOF DRAIN ADAPTER DETAIL GALLEY DETAIL »»as. G.:+ma>oM 1al�aslseBlpp]Bsa511u GRADING& DRAINAGE PLAN FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector SEP 16 2021 Town Ha 11 Sauthold. 'N.Y. ZONING BOARD OF APPEALS PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-30982 Date JUNE 15. 2005 THIS CERTIFIES that the building SEASONAL DWELLING Location of Property 95 NAVY STREET ORIENT House No. Street Hamlet County Tax Map Nb. 1000 Sectibn 26 31ock 1 Lot 7.2.2 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a Seasonal Dwelling built .—_:___-.-------.--------------Pr.ior- to:----.----._--APRIL91=-1957--- - pursuant to-which- CERTIFICATE-OF OCCUPANCY NUMBER Z-30982 dated JUNE 75, 2005 was issued, and conforms to all of the requirements of the applicable provisidns of the law. The occupancy for which- this Certificate is issued is SEASONAL ONE FAMILY DWELLING & 2 ACCESSORY STORAGE BUILDINGS* The certificate is issued to JERILYN B. & JOHN H. WOODHOUSE (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERI&ITERS CERTIFICATE N0. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED TNSPECtION REPORT. B in Inspe or Rev. 1/81 ZO/T0 39Vd s331snNI a-10-U.nos Tb9999LT£9 9T:11 V107,/LZ/10 RECEIVED SEP 2021 LOCATIOiN: 95 NAVY Slim 0RMZC (number&strem) (Iriuniclprility) ZONING BOARD OF APPEALS SUSAl('YISYt�i+�t L�C�.i'N4:: LOT(S); KAht bcdrX'ANc:Y: (type) (oK ucr-tenant) ADM TTEII JM ACC'OMPANW,J)BY: I&Y AVAMABLE: mr-F.CO•TAX MAP N'O.I000. 26-1-12.2 SUIlRCE OIC RIrQr11JST: DATE: MY 4, U1��Cd,INc;: 20M— TVX%0)?CQNSTRUCTfOK. WMLWW t#STOkI$S: 2 .4 MTS: 3 rOftbi ,Txim Swti3 & ASIS CELLAR: CRA1V1.SPACE: TOTAL RoGrixS: IST FLk; 4• 2NDMIL.__ZMRD FLI2: BATAkoO1x(S): 'TOILET ROOM(S): OTILITY ROODT., PORCH-TYPE., DECD,TYPE: FATEO,TYPE: DRE SWAY; FIREPLACE: GARAGE: AOAM97TC)30'r%VAT`ER: YFS Tvp $EA TE St'sYSEANCAS AS ARCOIVDITIONIX4j: Tym HRA'T; im, WARM AIR: IIOTWATER: OTIif:R: Ay a TAW,0 KCM&q ACCESSORY STRUCTURES: 0_A.RAGE,'n-T9 OF CONST.: STORAGE,TYPE COMM.:- 2 &I'{'IItInCING i? O).• GUEST,TYPE CONST:-_ - --- - - - --- - VIOLATIONS: CHAPTER 4,5&N.Y.STATS UtUFORAN-f FIRE PMVEN`CION&BUILDING CODE LOCATION DESCRIPTION 1'. SEC. REMARKS: 6P i37S5-Z-ORZ-23538 (9tHGALT) 3119fi'G-tJ0E30981 (GCOQt gMCIt) INSPECTED AY:_ DATE OF MSPF.CTIONt May 12, 2005 Cay.lr TQ►IESI:�R1': Jn:�tl _.•_ END: ite(1n ar+i ZO/Z0 39yd 5331sm. (noHinos Tp9999LTE9 9T:TT VIOZ/LZ/10 �1 RECEIVED Board of Zoning Appeals Application SEP 16 2021 ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, Vincent Bertault residing at 95 Navy Street, (Print property owner's name) (Mailing Address) Orient, NY do hereby authorize Wickham, Bressler & Geasa, P.C. (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Si t na re) (Print Owner's Name) 617.20 Appendix B Short Environmental Assessment Form RECEIVED Instructions for Completing SEP 16 2021 Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1 ses become part of the application for approval or funding,are subject to public review,and ma�ygk MA2M'1urr1her ver�ation. 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: Reversal of Stop Work Order Project Location(describe,and attach a location map): 95 Navy Street, Orient, New York Brief Description of Proposed Action: REVERSAL OF STOP WORK ORDER Name of Applicant or Sponsor: Telephone: 1-917-667'=4166 Vincent Bertault E-Mail: vbertault@yahoo.com Address: 95 Navy Street City/PO: Orient State: NY Zip Code: 11957 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? X If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 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? acres b.Total acreage to be physically disturbed? acres N/A c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland N/A Page 1 of 4 1 S. Is the proposed action, J NO YES N/A a.A permitted use under the zoning regulations? RECEIVEDw"o( X b. Consistent with the adopted comprehensive plan? C �) X 6. Is the proposed action consistent with the predominant character of the existing uilt or natural NO YES landscape? N/A OF APPEALS 7. Is the site of the proposed action located in,or does it adjoin,a state list—ecMiiical Environmental Area9 NO YES If Yes,identify: NIA 8. a.Will the proposed action result in a substantial increase in traffic above present levels? N/A NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c..Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? N/A NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? N/A b.Is the proposed action located in an archeological sensitive area? 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? N/A b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 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 N/A 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? N/A 16.Is the project site located in the 100 year flood plain? N/A NO YES 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 N/A b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 18.Does the proposed action include construcn'on 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: RECEIVED N/A 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? ZONING BOARD 01 APPEALS If Yes,describe: N/A 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: N/A I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Wickham, Bressler & Geasa, P.C. Applicant/sponsornameBEric, J. Bressler, Esq. Date: September 15, 2021 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED No,or Moderate small to large impact impact SEP x.`2021 may may occur occur 10. Will the proposed action result in an increase in the potential for erosio3( Rwdi=0g* i�agPp ALS 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-tern 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 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. -A 0 YOUR NAME: Vincent Bertault RECEII/ED (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.) SEP 16 2021 TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit ZONING BOARD OF APPEALS Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Reversal 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 Aate 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 thi 15th day of Se temb 2021 Signature r % Print Name Vincent ertault RECEIVED SEP 16 2021 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Wickham, Bressler & Geasa, P.C. (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 Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Reversal 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 15th day Septembgto 2021 Signature B Eric J. ssler, Esq., Wickham, Bressler & Geasa Print Name SURVEY OF PROPERTY =Ul 1000-2a-01-w C i AT ORFENT N u - TOWN OF SOUTHOLD ®.� I SUFFOLK COUNTY, N.Y. 5=1 1000-26-01-03 sc1Mf 1000-2a-01-05 f000 w 122 vwrwWELLx0 7+n�O OEt ER $2012 S1 , 1 1 I uARd!z 2020 NOMWafiB 24 2020(FSEMIONS) O DECSVM A 2020(PRoPC-,Z D Aoal7CN) 177' -- ®.aL r �! QSTREET N/0/F Lu WILLOW �a N scntf 1000-26-2a-o1-05 CV d Ng578'30'E 65.93' Dxo 1 WaL C=) Q I d CV u- 52' aa> W Oco 0 LLI IY U Q Q 11S O ' 1 N8956'00 E 11 LLJ m \ = 4 tr:lG•t�OO x 2 �.ILIJ1t a�Y �0�• '0•' SOTuj 1000-26-01-13 me C!� Z D WELL ' 1 rco aaa �O• Z 1 o p + 1 1 1 TEST H"DATA ------ eae �0 N/0/r fit 1 Ye:pLY/•7!D 6EOA7IXCS � ti SOIW 06fiL I+: 1 72i>"i2oro M"` scot/1000-as-01-11.1 OARK OROMN tDw CG Lof © o>VNO I r � f &WW SLT LG N/0/E to Ll 1 Ef LYNN LEWIS ao' OM i I •,��ro � sctMl 1000-20-01-72.1 43• 9 1r WaL l I V% ®b1. V 3� .ai M YIU40d WAJFR w ePo1w INC ro I��:, _•�___� �AILSE SAA'D SP I 1 H070 WAR?IXOMMMED 43'MOW SWAcf 12L7•AR0YS RDVWLi=ro RAID �' 9!y I.e Too• w . a> KEY �� 126.23' 0.` u' a 582'49'40'w 6'18'20'W 65'7r• Q .REBARL; •�j 17.86' a.a ® MM ITAVY STREET O .STAKE ® -Tar RIXE ! • -PIPE ®.nt 1r -uaNuuENr 62' 140' } - HOUND t:2Ao 130'. .U77U7rPOLE 1 I I NOTE PROPMTY tDGTID EmTLkE•Y IN AM 20NE S=1 1000-26-01-21 1 sc7Nf 1000-DNaL7N0 26-0I-2a sCIUl 1000-26-01-25 I . 1 I CA ANO 1110u RRY,No.36fO300066N 7/25/2000. �x6 T= L.1 0 a nhr to'9I8DIIf90Y YM R)4 JGW IL*o=D7SE ® I S6oF NEW y s'vmw a ND00.NWS2'7DED w RTE 3VITLKK cocwrr O mtr 0177 etr T.ME ° CH APR2 79,2oas As Ixf Har724.% 1 rl0 711E LO FR OF I172LS AN0 0.YS 9/ONN NERfO.Y ARE rLR V 1RLD 011S&VA 1 I * k AND O7 fROV DRCOMM,/ROV ORkRS RLJUFU7f r1(f7R LOCADtr/S AND L74 EOrS7171LL •• •1,• /.:l;.N.. ••/:�::�::•L'• /%� /s Anr p7ARANrfF11 � _.�•r =i.. ANY ALTF?ARU/OR AOpRCN ro T76S SA4ttY FAA I7OURLW L1�sfCRL7Y 7209 Cr INC NEW ' uutr•` I �'�p !JG N0. {9618 170RK srAlf E2 VGROY u1c Exc1Pr At PIX SECROY 720.9-sysxNCU z All AREA=19.90.5 SQ.? I e = e O PE p G CFRRf7CARCNs N07COW ARE V/W 11;17 R!✓S VAP AND LVL° RE?ttY'ON N=0 YAP M (6J7)76 FAX(631)765-1797 CWlES 6CAR RIE OtPRESSED SEAL Cr••RIE SVRIETU7 MfIOSE S70NAR/Rf APPEARS NEREWL O 9 9 y P.O.BOX 909 soursan1�Nr s 9si r 12-279 TOWN OF SOUTHO,LID E* UTHOLD OWNER STREET: �^ I !1 /� t �� VILLAGE DIST. SUB. LOT !n(��. I I� &-r�I(d u. 1 c r _ z vt)C)aCI h6�� � FORMER OWNER N ,` E` 1 ACR, u' pro r • y,S� � y l�t�S: 5C% S W TYPE OF BUILDING �•0�.� �Sa�(L. IES. .I�� I SEAS. FARM COMM. CB. MICS. Mkt. Value LAND IMP,. •- TOTAL DATE ' REMARKS -��,� ✓2. f ! l 6713!' 7 i( 1 Sao- \2 '� 2aaG LSI _ .j•� �_ 1 !./�. , ! , 3 , .. r C- •5 /-I jin of Qo.�e i=n ,''�� �c'' �,/,- • --7 - 4 bra oc�=� ` scov---, ��!I ��r? t==~ lS//�/-/� f-r `_ 10 LU N < 111 ,> 6� D U LU p i /- cC OM `tom I Cry z — AGE ° BUILDING CONDITION i NEW NORMAL BELOW ABOVE FARM I Acre Value .Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot j I BULKHEAD Total ;DOCK 3A„• triiR4`535-" «,r;T _...., :�"iFo''.��';f,'.:r••'< '�'4,' a•ex.i:s:•• a.:g. s,�+. yti• �vT v 4�}•Vr` f ` n SrtY +�` .J:.:.r`a�.:. �p�a',rjr%,,• .r.+�%.r�:.?•_'�:� .".) �!4' !'-- �����`�;-: a�i•a>y:. �r� (i .,•r r�b• ^C� ,..i �•4 ��F=•c�,-'' ;e����.'r'�'7�'�'�ii;r rtir�•�ti. t-x>,-4-^,,ft12:;'� �ir1, �iY �+rem-�� `�y ,dry,, � trt;�< .F:k._.'-• 3 S, �' { �•..i x � 'f c, y ,.�.r r.'•::� 1'`�,..';�•:% �.�?:..:•G�:.,,;•:..•�7F`�,f4:Y''�.. i,S-4•=� t_>• s••/ ,,��- _:=?r,:a'�`t�sf•��aa'r �•rlii?�j��f'rl,��ti��'. i•rx,r x.���:.5iul's�;`i�,:.,.. c; ..'S - � ;t'�•Froi C 'yG� �'.iyi• s fit�.y 71ry � »S/��.r'`•1�'-+i-�'�r' i��.�`r-E�. S�.C'�3 J n g � � � ,�• wig■����������n����� . a 1 (�� �° � f='���� �- iz � 1�: � � Wei ■�� �n 4 mmdr=�� �®mp Foundation :. Dinette_� Basement lo . - , • • � •• � • Floor •• ' ' •• _ • �Driv . a o�®SVFFo`,��, ELIZABETH A.NEVILLE,MMC �� �l/y Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 ens Z Southold;New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER y� ®`` Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 4, 2021 RE: Zoning Appeal No. 7580 Transmitted herewith is Zoning Appeals No. 7580 for Vincent Bertault: Notice(s) of Disapproval _ZThe Application to the Southold Town Zoning Board of Appeals Applicant's Project Description _Questionnaire _Correspondence-$/2lak Sc.m:ew AA Id. r &I -C. Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) Agricultural Data Statement ,/Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals �Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Photos Property Record Card(s) Maps- �Survey/Site Plan Drawings 'Town of Southold P.O Box 1179 Southold, NY 11971 * * *RECEIPT * * * Date: 10/04/21 Receipt#: 287365 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7580 $300.00 Total Paid: $300.00 Notes: Payment Type Amount Paid By CK#23415 $300.00 Wickham, Bressler& Geasa, P.C. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Bertault, Vincent 95 Navy St PO Box 51 Orient, NY 11937 Clerk ID: JENNIFER Internal ID:7580 4 V 10.1 r. �ga2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 3,2022 at 10:00 AM PUBLIC HEARINGS y . NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the.Town Law and Town Code Chapter 280 (Zoning), Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road, Southold, New York 11971-0959,on THURSDAY, FEBRUARY 3,2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at ' http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. APACE MASK IS REQUIRED 15 YOU WISH TO ATTEND"IN-PERSON'. 10:00 A.M. -ALLAN KAREN#7582—Request for a Variance from Article III,Section 280-15;and the Building Inspector's August 23 2021 Notice of Disapproval based on an application for a permit to construct an accessory garage;.at 1) located in other than the code permitted rear yard; located at:350 Richmond Road East,Southold,NY.SCTIVI No. 1000-135-3-9. 10A A.M. -GREGORY TUCK#7585—Request for Variances from Article III,Section 280-15; and the Building Inspector's July 20, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and an accessory pool house; at 1)Swimming Pool is located in other than the code permitted rear yard;2) Pool House is located in other than the code permitted rear yard; located at:8402 Soundview Avenue,Southold, NY.SCTM No. 1000-59-7-29.5. 10:20 A.M. -HSA HOLDINGS, LLC#7589—Request for Variances from Article IV,Section 280-18; and the Building Inspector's August 24,2021 Notice of Disapproval based.on an application for a permit to demolish and reconstruct a,single family dwelling;at 1) located less than the code required minimum side yard setback of 15 feet; 2)located less than the code required minimum combined side yard setback of 35 feet; located at:2000 Park Avenue, (Adj.to,Great Peeonic Bay) Mattituck, NY.SCTM No. 1000-123-8-7. 10:30 A.M.AMNON AND KATHLEEN BAR-TUR#7593—Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's August 10, 2021 Notice of Disapproval based on an application for a permit to demolish an existing accessory garage;and elevate, relocate and construct additions and alterations to an existing single family dwelling; at 1) located less than the code minimum required.rear yard setback of 35 feet;located at: 170 Bay Lane, (Adj.to Orient Harbor)Orient, NY. SCTM No. 1000-24- 2- 26.4. SOUTHOLD TOWN BD OF APPLS 2 ___- 4 4 f7a2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1\ 10:40 P.M.-DAVID PUGH AND TINA SILVESTRI#7590—Request for a variance from Article XXIII,Section 280-124;and the Building Inspector's July 21, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations-to a single family dwelling;at 1) located less than the code ____ ___.required._minimum.front-yar_d_setback.of 40 feet;located at:-545-Ryder-Farm-Lane;Orient;-N-Y;SC-T-M-No: 1000-15-4-9:1. -- ------ 10:50 A.M. JOHN AND LYNN SCOTT#7594—Request for a Variance from Article XXI11,Section 280-124; and the Building Inspector's August 25, 2021 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition)and reconstruct a single family dwelling;at 1)located less than the code minimum required combined;side yard setback of 35 feet; located at:495 Parish Drive, (Adj to Peconic Bay)Southold,NY. SCTM No. 1000-71-1-5. 11:00 A.M.-11900 OREGON ROAD, LLC#7591—Request for a variancefrom Article XV,Section 280- 62C; and the Building inspector's June 30,2021,Amended July 13, 2021 Notice,of Disapproval based on an - application for a permit to construct alterations to an existing single family dwelling to create two accessory apartments;at 1)-theproposed accessory use is not permitted; located at: 119000regon Road, Cutchogue, NY.SCTM No. 1000-83-3-5.3. 1:00 P.M.-CATHERINE HOVEY#7592—Request for variances.from Article XXII; Section.280-116A(1); Article XXIII,Section 280-124;and the Building Inspector's August 19, 2021 Notice of Disapproval based on.an. application fora permit to construct a deck addition,with a partially recessed;hot tub,to an existing single family dwelling;at 1) located less than the code required 100 feet from the top of the bluff;2) located . less than the code required minimum side yard setback of 15 feet; 3) located less than the-code required minimum combined side yard setback of 35 feet located at: 5775 Nassau Point Road, (Adj.to Little Peconic Bay) Cutchogue, NY.SCTM No. 1000-111-13-5. 1:10 P.M.-VINCENT BERTAULT#Awequest to reverse a Stop Work Order issued by the Building Inspector on August 24,2021, pursuant to Chapter 144,Section 144-8,for construction beyond the scope of Building Department Permit#44198; located at:95 Navy Street,Orient, NY.SCTM No. 1000-264-12.2. 1:20 P.M. - FISHERS ISLAND COMMUNITY CENTER#7563SE—(Adjourned from December 2, 2021) Request for a Special Exception, pursuant to Town Code Article III,Section 280-13C(15),the applicant is requesting- permission for recreational use upon premises accessory to a community center,and to construct two paddle tennis/pickleball courts; located at: Fox Lane, Fishers Island, NY.SCTM#1000-12-1-1.2. 1:30 P.M.—FISHERS ISLAND COMMUNITY CENTER, INC.#7621—Request for Variances from Article III, Section 280-15;and the Building Inspector's December 8, 2021 Notice of Disapproval based on an application for a permit to construct two accessory paddle tennis courts;,at 1) located in other than the code permitted rear yard; 2) side guard rails and nets exceed the maximum allowed height of 18 feet; 3) more than the code permitted maximum lot coverage of 10%; located at: Fox Lane, Fishers Island, NY. SCTM No. 1000-12-1-1.2. SOUTHOLD TOWN BD OF APPLS f7a2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southoldtownnny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier-than designated above. Files are available for review on The Town's.Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: http?H24,38.28.228:2040/web lin k/Browse.aspx?dbid=0. Contact our office at(631)765-1809,or by email: kimf@southoldtownny.gov Dated: January 20, 2022 ZONING BOARD OF APPEALS, LESLIE KANES WEISMAN,CHAIRPERSON BY: Kim E. Fuentes,54375 Main Road (Office Location), P.O. Box 1179,Southold, NY 11971-0959 . .......-_..----.------.- SOUTHOLD TOWN BD OF APPLS - —� - e f7a2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk The undersigned is the authorized designee of The Suffolk Times, a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: January 27,2022 This newspaper.has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such, is eligible to publish such notices. k x , Signature Eliot T.'Putnam Printed Name Subscribed and sworn to before me, This 27 day of January 2022 Notary Signat re ,.`�Gt,As ,pj" STATE ; ' OF NEW PORK NOTARY PUBLIC Notary Public Stamp .G ALBANY A M -I SOUTHOLD TOWN BD OF7APPLS - - - - -_ - BOARD MEMBERS Southold TowrrHall Leslie Kanes Weisman,Chairperson ��0� S�UjyO 53095 Main Road- P.O.Box 1179 �O 1p Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento lj. �\ Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 3, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 3, 2022: The public.may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 1:10 PM -VINCENT BERTAULT#7580— Request to reverse a Stop Work Order issued by the Building Inspector on August 24, 2021, pursuant to Chapter 144, Section 144-8, for construction beyond the.scope of Building Department Permit #44198; located at: 95 Navy Street, Orient, NY. SCTM No. 1000-26-1-12.2.. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webl i nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: January 20, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road(Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 ® P.O.Box 1179 cASouthold,New York 11971-0959 a Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: January 3, 2022 M Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore,the February 3,2022 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see mstruciions required�°to�prepare}fora he Z�A�public hearing which includes: PLEASE READ CARE�FUI,I.Y � d a � r- K� 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than-one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than January 26, 2022. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property.If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by January 26,2022,verifying that you have properly mailed and posted.Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses,and re-mail. Mailing to be done by January 17,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtowno.gov or elizabeth.sakarellos@,town.southold.Lay.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2019>2019 h�://24.38.28.228:2040/weblink/O/doc/1022250/Pa el.aspx. IMiP�©aR�TANr�T ISNS�TMRiTChT4+ItOO NS: Scan and email the i�TS+PS mailing receipts, green signature cards and affidavits to kimf %southoldtow�n�ny.goY, and ** P�ROO MiP�TMLY iT�SiPS MALL** the ®RIGIIN,'ALS to the Town of Southold, ZBA, P.O,. Box 1179, Southold, hTY 1197�1� , ._ - . Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. 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' 2R Pending Above; Board Actions are listed byyear. Click'folder to open,-..AJI Specia'I:Excep#ion - applications that require Coordinated SECIRA Analysis are stored<in "Pending": 2017— —�— ! !'._.'—..."•_ ! e� Ti . �Name P>pe m,vLL . 1— -' � �MBO 361 Bove MDwo . rPY.1C(i^�n6:NPSoNtB m'� 1..! �0993 90 ooa.anm9m .. - •. ...... .. anµals Ranpwwd �::.. ®Nm eoa,e,<mro lax n-1kd 4'2C2C:]9:]fi5i hV {-t fT N,a 1,6 _,,,. eovdXMiK .37 .. .Boa.dnttiwn - j.t 93 9,.e xvem ..... • a N1B M aaaranm9�n " g''.N:9 SB eaa,d6u�o:n . 1 PJ]oA 30 O.urdMio.n I g Nn s9 e9„6a�bM N3a n Nig 3 09,•aux�vU Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files �Jdl Page 4 59°3ai Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. 4aserfil lie WebLlnk77 ' •� ; —-" ::,N4me Browse Searcry��'.•�� - _ ' ..FJ. _ . .'I Cu_aomize Search `a, I. sort esul,by. Relevan[C I t t Fernrds ManagemEn!Search ''G1ddname .., "Board Actions r 83 pagefs) . Chooz!Id I Page count 83 Template name:Board Actions IC t ..I Page 3_.:Colin and Kristen Cashel PROPERTY LOCATION:162 Lowe?Shln�e 1411LFisher_ .saz::�ai ) Page a...19.2017#7016,Cashel s7m No.t 000.9-1-26 minimus approval to remo_. Page 5_.y 19,2017 97016.Cashel SCTM'N.1000.9-1.26 GRANT,the v lan4es as- .4 s_.4 Page 9...COLIN&KRISTEN CAMEL SECTION 009 BLOC4. ' -"-'--"-"' -- Page 2D...Thomas Ahlgren(UsheIL PO Box 342 Flshers 6lariden'._ 11I 1 .. Show more informa8on... - _.� Board Actions-SG page(s) . J rj Page coilnt 56 Template name:Board Actions 9:MA.M-00INCASHFLAND YarlaMes vnder'/vticle tdSectlori AtJN .. _ A I .Pagea8...ancels)KRI$M CASHEL#7016-Request proposed trellis lOcated7n oihet'Na... .IL� Show more informador_ Above:Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block.and.LOt) using.the format 1000.-111.-1-1. Lashrflche1VebLmk . ".- - My WcbLnk P Help I A..4t,'.511 _ — 17 7. Home Browse..- searchTounOfSouttio1d 3oringBoardofgppeals20A)rMlnttles/AgendasftegalNotxevyearirlgs ...: Minutes/Agendas/Legal N"1e I Pagecount VANUM t Notices/Hearings t-2 1957-1979 t . �.1 1980-1999 �:Entry Properties .';:..'. Path - .. TDLmO(Sc;udx?idlZoning B—d 2010 . : . - -............._._.. _... .. .. _ ..._. _......_.____ . of Appeals .I �..�,on -. _........__.._.__.. _ •' fZBNv,tinul�.r%3er>da^vlega! u NOtiCeSAteadng5 ! tn 2012 Creation date nj 2D13 - 717012U01 257;e0 PM l t2 IOtd Lag modified ,i n'_s'+2015 12/i Fv2016-2:15:1.1 PM -i .. ......: ....,..... v 2016 ....... _ .. ....... _ meliaclata. Ll 2017 No m;ladata assigned Page 1 of 1 _ 11 Ent] [�'.xrc mavrmin�riyA«+E Or1a..,bcV WrMi�i9L1'Y&]519 iairi,*...s].w�.-mr.� - . Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. r Laserfiche Instructions � Jv ZBA Files Page 5 LaserflcfieYJebLlnk. _•— .. R� ° MY Nebiisdc t Help McuR.i "Home Browse 5earth,. To•�vnOt5oW7old zoning Board of Ppeals¢En1 1.Unites/Agendas/Leg INot7o:s/Hearn7gsy2017 - wont 2017 Heme Page t^r ZBA-01/05/2077 7 -. --_--._.....---- �-'-----' - ------- � -- . .`. '-•-2 ZaA-01/05M17 Agenda 0. '-'--'-'—— -----'-- • Path i..l. _ .. - rl Z&401/O5/2017 Heazing" 40 TownOtSootholdlZoningEoard �r:;:,..._...:.-.....-...__.:......_... .:.: .... .. ..................._........ ._._..._ ....,._._. -...........•... .... 1 afAppeals i`j"� 23"I/05n0,17LN 3________.__.—___ (ZBNIn'P.nutesfA,gendas/Legal .. i=i .ieA-ovlatz017. 2 ' NotloeVHearhp2017. '-�j "�_� _ ......_._.........__-._ .._-......._.... .......,_._._. ..-..,_._..... a-MA-61/1912017Fgenda 2 Creation date 12/11ia0162:15:14PM p ZBA-02/0212017 7 Lastmodllled i iZB(W2/02/2017 Agenda a_.._._. fi 6119M17-4:53:59 PM is+',�.i ,ZBA-02wcLhoij Headng d5_..__. .,. - .. ... ............. - . . ... ... _ ...__. _.. . E' M2Wddb - 1ZBA-02/02/20t7 LN .• 3 ZRA-07/16/2017 Agenda. 3. . i No meffidala assigned ::.I. .......... .. ... _ ......._.._. _....._.....-...... -.... ... ...- .._ ...........-...... _... .. ' `;:,i �ZBA-02/16f20175peCW1 � 3 ZBA-03!02/2077' 7 ZBA-03!02/2o17P..._�... 'nelpv Hl,}�pap•emt Uses2: 1. 7 :t ends 4 ..._ _.... .........__ ..__ _.,..,_...,....... . ._ ZeA-03/02/2017 Hearing - 65 - .,: .. ZBA-0310212 O LN 3 'q �'..-._,•j�. .�. lb20A-0?✓1612017 Agenda 3__...___.._.___.___._____--____. ElZBA-03/16120175pedal 3 BA �Z -04JO V20t7 5 t,. tdZeA-04/06/2017 Agenda 4 l'�.2&i-0Q/062017 Headit.. 45 Above ''Agendas- Minutes and Transcripts are in chronological order. Revised 6/15/2020 � i4- U' Tlk'. E OF HEAR'Ii4o' The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will also be available VIA ZOOM WEBIIVAR - Follow pink - httpm.//southoldtownny.gov/calendar.aspx NAME BERTAULT , VINCENT # 7580 ilkCTM # : 1000-26- 1 - 12 . 2 -i. FARIANCE: CONSTRUCTION BEYOND SCOPE OF P # 198 r-.EQUESTo REVERSE A STOP WORK ORDER 1: ATE THURS. , FEB . 31 2022 1 : 10 PM You may review the file(s) on the town's website under Town Records/Weblink: SBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK �l AFFIDAVIT: OF , In the Matter of the Application of: MAILINGS' (Name;of Appl cant/Ownez) S CT KNO 10 0.0_ (Address of Property) (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 10719 .1 Xkiw 1,( ) Owner, ( X) Agent residing.at. 1 '/V G' ,� �1� �� New York, being duly sworn,deposes and says that: L On the day of 20e :pe.":y Mailed at the United,.,.,: Stags Post flffiee.in /s, New fork, ly CERTIFI$I) MAIL; �'.RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid'envelopes addressed to current.property.owners shcawn,.on the cu re,nt.assessment roll Verified.from,the official records.on f le vv�th ale.( �4ssessors, ox:( ) Co�xnty Real. P,9perCy Office,.for every property which:dbuts;and-s:ado ss a public or.pxivate-street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) _ Sworn to before me this THL EN ORRES 7 day f �J �'je,,i , 20 ZZ NOTARY PUBUO.STATE OF NEW YORK Registratkin No.01706424779 Qualified In Suffolk County Commission Ex ties November 8,2025 (Notary Pu ic) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next ------------ to the c�wner-nar-nes-and-addresses-for–which.notices were-nailed_-- --.----- —_----- ----- All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. , 9 Postal O •, •nly ra rr I Mr. p\.. Certified Mail Fee+, 3 '�� ji952 Extra Services&Fees'(cheekbar eddree I rlb9rmete f "� y + ,•�ttetum Receip?(hardcopy). $ ,l]Retum Receipt(electronic). - $ Pgttark.-^� ❑Certified Mail Re9tricted Delivery $ - re 11 ❑Adult Signature Required w}t []Adult signatureResfrictedDelivery E3 Postage 1 d �- $ $l•.7y I y "(11 14/2022 Total Postage and Fees )," ' $7.53 C3 sent To ru Sonia__0.__Gesell--------------------------------------------------- O set nijApt 1,0.,91 PO BoxlVo. tt iv e r s id e'D r. ---------------------------------------- ---------------------------- c�ty,"siaie,:ziP+a umson, NJ 07760 "COMPLETESENDER •N COMPLETE THIS SECTIONON ■ .Complete items 1,2,and-3.— a Sl9natureh ■ Print your name,and•address on the reverse'` ❑A dressee t d ? C�3'Ad 1 so that.we can returntf�e cardio you ' 11111 Attach this card to the back of the ma(Iplece, d by(Pr' ted at/le)' C. D e of Delivery or on the front if space permits. 11. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 1 If YES,enter delivery address below: ❑No I Attn: Lawrence Berstein i 20 Vincent Street i ;Orient, NY 11957 I j II 3. Service Type ❑Priority Mail Express& }I III II IIII III I II IIII I I I ILII I I II I III I I III Adult Signature 13RegisRestricted]Mail ❑ 1 Adult Signature Restricted Delivery '❑Registered Mail estrlctedl :Certified Made Delivery ;1 t 9590 9402 6227 0265 8413 20 ❑certified Mail Restricted Delivery )7 Signature Confrmation ! I ❑Collect on,Delivery 1. 1A Signature Confirmation 1 ,2. Article Number'�al7sfer from service label ❑Collect on Delivery Restricted Del(very k-Restricted Qelivery �— -- --� ❑Insured Mail i j '7 0 2 0 2 6 4 0 0 0 01 8471 6303) ❑hover d Mail Restricted,Delivery. r ; 00) .. PS Form 3811,July 2020 PSN 7530-02-000-9053 pomestl�Return Receipt r-- s COMPLETE • ■ Complete items 1,2,and 3: A 'Sit ■ Print your name and-address on the reverse gnatu /h4U"Ad so that we can returnthe card to you. essee l ■ Attach this card to the backof the mailpiece, B. R ceved y(P ted Name) C. Dae of D livery or on the front if space permits. 1. Article Addressed to: D. Is delivery addressdifferent from item 1? If YES,enter delivery address below: A6,g Attn: Ellen J. McNe3aly !70 Vincent St., P.O. Box 31.4 ;Orient, NY 11957 JAN 18 202"j S 3. Service Type ❑Prierii M�a�I" presstO IIIIIIII IIIIIIIIIIIIIIII�IIII III III III II I III ❑Adult Signature ❑RegsteredMallTM ❑Adult:Slgnature Restricted Delivery ❑Registered Mal Restricted I W certified Mail@) Delivery I 9590 9402 6227 0265 8413 37 ❑Certified Mail Restricted Delivery ❑Signature Confirmation*"' ❑Collect on Delivery O'Signature Confirmation + 2. Article Number(lransfet from;;el Vice label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured,Mail 7020 0 6 4 0 0 0 01 8 4 71 6 2 9 7 ❑Insured Mail Restricted'Delivery (over$500). i PS Form 3811,,July 2020 PSN 7530-02-000-9053 Domestic'Return Receipt TM U.S. Postal Service 0 U.S. RPostal Service"' CERTIFIED MAV RECEIPT CETIFIED MAIL@ RrO�)EIPT Domestic Mail Only 17=1 Domestic Mail Only Er nj For delivery information,visit our website at wimmusps.comO. M —0 -11 Or 0 PYF'TC 9 A L U S E "'&-rFFiib C r- Certified Mail FeeCertified Mail Fee $ S3.75 $3.75 x Fees(check bcv�-�e Extra Services& Extra Services&Fees(check boy add fee itslj sef. ate) jete) NtReturo Receipt(hardcopy) :KReturn Receipt(hardcopy) $ r-3 [I Return Receipt(electronic) $ $Q Oil E-3 E]Return Receipt(efectronle) $ -$')-OQ stmark ❑Certified Mall Restricted Delivery re ❑Certified Mail Restricted Delivery $ $ $—U4 Arl 1-3 E]Adult Signature R4�ulrecl E3 E]Adult Signature Required $❑ le $ Adult Signature Restricted Delivery$— E]Adult Signature Restricted Delivery $ NTSEge M Postage $ $0.73 $ $0.73 Total Postage and Fees 1/2622 Total Postage and Fees cl 1/14 C11/I V2022 C:I $ $7.58 - E3 $ $7.53 M Sent To S T r-U Ellen J. McNeilly 21 Se E.Rdinecke & Maria R_Refine ----------------------- ------------W---- ----------- -------------------------- - .g.k?-------- C3 �NFjRgfiaA C3 5, 6. N 70 Vincent orpStBox.,NO.P..O. Box 314 r- 4.2- Lindeman-Ame------------------------------------------------------- --------------- �YtWt&,-2ffi;:4&------ Orient, NY 11957 Closter, NJ 07624 PS Form 3800,April 2015.PSN 7530-02-000-9047 - See Reverse for Instructiopz- PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions T11 U.S. Postal Service I U.S. Postal Service" CERTIFIED MAILP RECEIPT Im CERTIFIED MAIL@ RECEIPT :1 Domestic Mail Only Lr) Domestic Aftl only PM M For delivery infor I mation,visit our website at www.uspsxorlrle� M K-1 NeOrF F I(OS 0 A- L U S.E 0 id R r-9 a Certified Mail Fee Certified[Viall rear $ $3.75 -t9-.-12 $ $3.75 co Extra Services&Fees(chockboK,add fee'&*Pldpflaia) RReturn Receipt(hard $ Extra &Fees(check box,add-Med I I late) . copy) $0 rq Receipt(hardcopy) $ ill rq E]Return Receipt(electronic) $ It A All Postri �1�;- 1 11--3 [:1 Return Receipt(electronic) $- $0 00 rj Certified Mail Restricted Delivery $ Post k $ li:-,- E:I Certified Mall Restricted Delivery E:3 E]Adult Signature Required $—$C4 1740' 14AI I He C1 E-3 C3 Adult signature Required []Adult Signature Restricted Delivery$ LILI $ 4,90 DAdult Signature Restricted Delivery$ $ Postage age C3 0.78 $ $0.78 Total Postage and Fees cl —/1E1-2*4�1r--30 1yotal Postage and Fee 111/1-47/762-2 $ $7.53 $7.58 EJ Sent To CI Sent To e-n --------------- dApt W j Sj_ ru St. Trust kqwpe 220 Nla) ,jnqe .Berne ___-�j t. 7 UP IrU I tin Apt WiTFAY945, H--- -------------------------- FUPi5Zffd------------------------------------------------------- E3 eAm 79 W. 12th St.'2 ... ... Apt, ---------------------------------- Mlincent Street City ----------------- Y City ty 12iiw� ---ITYS-7 City,State.Z%P+4® New York, NY 10011 15te, F1 le ------------------------------ PS Form.3800,April 2015 PSN 7530-02-900-9047 See Reverse for Instructions U.S. Postal ServiceU.S. Postal Service TM CERTIFIED MAILP RECEIPT CERTIFIED MAILP RECEIPT Domestic Mail Only Domestic mail Only M M _Mn 'All _I Or 0 PYFI 5C � AL USE NLz<VrF-F 0 A L 11-9 Certified Mail Fee $3.75 Q01'UTIed Mall Fee $3.75 $ 4:4 Extra Services&Fees(bhackbo;ra fee 4 ro ro EtraServIces&Fe (cho boxadd ate) C. $ RRetum Receipt 6ardcopy) JQReturp Receipt(haredscopy)ck rl ❑Return Receipt(electronic) $ 40 00 Postmark Return Receipt(electronic) _ $ $Q I r-3 C3' Eicertif.dMail Restricted Delivery $ r2,2 I ❑M ElCertified Mail Restricted Delivery $ JA1T%.j"T022 ,` $0.0 JAN I T 2 E:l E]Adult Signaturo Rectuired $ El Adult Signature Required E3 0 Adult Signature Restricted Delivery$ If 0Adult Signature Restricted Delivery$ Z Postage E3 Postage ---3;/ $ Total Postage and Fee k/ .0 Total$ Stagisiand Fees 01/14/2022 $ o $7.58 E-3 $7.53 C3 Sent To Cj Sent To ni Brog mily. IrrdYaQah!P,---1-r-uat------------------- ni Evan Lewis. &�,Lynn Lewis ' �ffp ------------------------------------------------------ I --------a-------- Fg- C -ff W Box 0. E3 'Siiii5i an Apt.No.,or PO hi6i E C3 Mai an.A 0 ------ --- ------ r- 2595 Village--Lane--lRear------------------------------------- St. , Apt, 9E .uw,�Ytw ------------------ --------------------- ient, NY 11957 York, ff 10010 a na an a Irt M r.T.M TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW'YORK AFFIDAVIT OF In the Matter of the Application of: POSTING ( V1 C&P - ety�(,k l-� (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK. I dal"Xresiding at : 1 J ,/'GN f / 41 ,New York, being duly sworn, depose and say that: I am the�Owner or( )Agent for owner of the subject property On the day of �/ , , 20,;��—,i personally placed the Town's Official Poster on subject property located at: zz�xl � J The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition,the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public h aring of (O her/Age .Si " ature) Sworn to before me this IL Day of , 20-,I� JZ; (Notary Publi Cheryl Simons Notary Public,State of New UK No.314970341 Qualified In Suffolk County Commisslon Expires February 46 20,_,y f - SENDER: COMPLi SECTION COMPLETE THIS SEL, ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse XElAgent so that we can return the card to you. G� f ❑Addressee I j ■ Attach this card to the back of the mailpiece, B ceive by(Printed .. Dateof ry I or on the front if space permits. Ad 1. Article Addressed to: D. Is delivery address different from item 11 ❑Yes Attn: 220 Navy St. Trust If YES,enter delivery address below. ❑No A S 79 W. 12th St., Apt. 10A r New York, NY 10011 i l f F13Certified rvice Type ❑Priority Mail Express® II I IIIi�I IIII III I II IIII LI I II II I II II I I II I I II III lt Signature ❑Registered MallTM lt Signature Restricted Delivery 13 Registered Mail Restricted 9590'9402 6227 0265 8412 76 lredrvlail® Delivery i Mail Restricted Delivery ❑Signature ConfirrnationTM ect on Delivery; ❑Signature Confirmation 2._Ari'lcle�lymber(Transfdr froinser&dlabe) sii': i� � ue rid aDiepveryFl strietedOelivery} Restricted Delivery t 7020 0640 0001 8471 6358 ❑Insured Mail Restricted Delivery { (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I E lT l + COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseE3Agent i so that we can return the card to you. X ❑Addressee f ■ Attach this card to the back of the mailpiece;.,~ B Re ived by(Pri ed Name) C. Dat of elivery or on the front if space permits. l �� 77 1. Article Addressed to: D. Is delivery address different from item 1 ❑ es If YES,enter delivery address below: No Attn: Sonia 0. Gesell .117 Riverside Dr. j Rumson, NJ 07760 I I 1 I II I IIIIII IIII III I II IIII I I I II it I II I II i II II II III Service Type 17 Priority Mail Express® ❑Adult Signature Registered MailT"+ II` 11 Adult Signature Restricted Delivery 11 ❑ 13 Registered Mail Restricted r l 9590 9402 6227 0265 8413 13 Ceerti ed Mail Restricted Delivery El Signtare ConftrmationTM i ❑Collect on Delivery ❑Signature Confirmation f 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery 7020 0640 0001 8471 6 310 ❑❑Insured Mai Restricted Delivery (( over$500) I t PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt �b1U�it Wt�t tU ts;tr,t�',�i7�L4��1 ty"t..icGe�i �iat�U:s 7tl:s6ieast r;9 b:dY'si�;s.{f� �9`w'6a'�ax�i�t::es'��aroia�:3:i C4�sL'3it6t�t4t� L, A b, �F t E i nlO ull �.,.�¢..;. M.,.Shu"^w+u,vewi�, AR'NG t, � HgME thoiatoy.e ezoow wE°"`eq .. ERTALILT v a vrca�e , ow .t v4R�ANCE:j000.ZCi•�,1'N CEN ]58p s ��N37RUON �T1 � a . , weo�EST:R��Pf OF BEIM ' S Y DAYS @VERSE g gEP#4478g p�+ ThURB,Fee UP WORK O A SIM +t ✓ ",� �.. •z,aozz R4ER , � i d (. 4 t �ffi r e� '1r wANOTICE DHFARON� w u NAME PaoWthotetownn t AUi VAR ANCE:BOpa 26,1_VIHC�NT� �bPa� CpNSTRu 12.2 E 'Sao rra NEy RkoutyT. THE SRppCTION BE u E p Yp OgTE EgSE F lip Np ,.. T W STOP 04419 Nt,R� O TowAT QWN� Ne1Ch�WAY r' y h N w Vr 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION .�,a /v The Suffolk Times 4�r LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,MARCH 3,2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING „ BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY ,- he ublic may.ALSO have,access to view,listen and,make,comment during the PUBLIC HEARING as it is „ happening via ZOOM WEBINAR. Details about how to tune inandmake comments during-the PUBLIC HEARING.are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter.- Additionally,there will be.a ink to the`Zoom.Webinar meeting at http://southoldtownny.gov/calendar atpx:: 10:00 A.M. FREDERIC.C.SCOFIELD,JR.(GRANTOR REV.INTERVIVO TRUST) Request for a variance from Article XXIII,Section 280-124;and the Building Inspector's August 19;201 Notice of Disapproval based on an application fora'permit to co,.nstruct additions and alterations to a singlefamily dwelling,at 1) Located less than the code required rnin�mum.secondary front yard setback of 20 feet;located at:2355 Village Lane,Orient,NY. SCT-M No.10,0-26-1=13: -- - ,41V SAPb'tLNIK#7599-Re`que t foci Arran es frorrrArt[cle xXl1, - - 10:10 A,fVI 'SHEENA ACHARYA AND ADRI Section 280-116A(1);Article XXIII,Section 28.0 124;and the Building Inspector's October 1,2021, Amended . October 14,2021 Notice of Disapproval based on an application for a permifto construct additions and alterations to awexisting single family dwelling and install a gunite spa/hot tub;at-1)dwelling located less than the-code required minimum front yard setback-of 40 feet;2) more than the code permitted maximum lot coverage of'20%.3)spa is located less than the code required 100 feet from the top of the bluff; located at:645 Glen Court, (Adj.to the Long Island Sound)Cutchogue, IVY. 8CTM-N0.10001'83=1 T.= 10:20 A.M.-JOHN AND BETH WITTENBERG#7596-Request for a variance from Article III,Section 280- 15; and the Building Inspector's September 30,2021 Notice of Disapproval based on an application for a permit to construct•an accessory in-ground swimming pool;at 1)located inother than the code permitted rear yard;located at:3608 Old North Road,Southold, NY.SCTM No. 10.00-55-2-25:5:' 10:30 A.M. NEIL A.AND SANDRA ROUSSO#7597-Request for a variance from Article III,Section 280- 14; and the Building Inspector's August 12,2021 Notice of Disapproval based,on an application fora permit to construct a new single family dwelling;at 1) located less than the code required minimum front yard ,. setback-of 60-foet;-Iocated at1700 Alvahs-Lane,-Cutchogue,NY.-SCTM-No;--1000=102-4=7:2: SOUTHOLD TOWN BD OF APPLS 2 7 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny v AFFIDAVIT OF PUBLICATION � The Suffolk Times 10:40 A.M.-SHANNON HOLDINGS Il,LLC#7600—Request for a variance from Article IV,Section 280-18; and the Building inspector's.September 212021, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family.dwelling.1)located less than the code required minimum side yard setback of 15.feet;located at:34685 NYS Route 25,Orient,NY. SCTM No., 1000-19-n2-6.1. 10:50 A.M..-KATHLEEN M. BECKER LIVING TRUST#7601—Request for a variance from Article XXIII, Section 280124;and the Building Inspector's:August 25,.2021 Notice of,Disapproval based on an application.for a permit.to construct additions and alterations to an existing.sirigl'e.famlly dwelling 1) located less than the code required minimum rear yard setback of 35 feet; located at; 154 King Street,(Adj.to Orient Harbor)Orient,NY. SCTM No. 1000-26-2-3. 11:00 A.M.-GLENN AND MARGARET SOLOMON#7602-Request for variances from Article XXIiI, Section 280-124,and the Building inspector's-October 15,2021 Notice of Disapproval based on an application for a permit to rebuild an existing single family dwelling destroyed by fire;1)located less than the code "required minimum'secondary front yard setback of 25 feet,2)located less than the code required minimum rear yard setback of 50 feet;located at:358 Ark HMILRoad(Private Road off of East End Road);Fishers Island,NY: SCTM No 1000-9 1 .. : 1:00 P.MW.JONATHAN FA8B/WJF"FARMS, LLC#7604 Request for a vanance frorn•Article III,Section. 28014 .antl t)7e.Bu[lding Inspectd_§-N4- bor-172023Tiotrce of Disapproval based on an app icatian for a permit o construct an agricultural pole born/shed.at,1) hed located less than:the code required minima side yard setback of 10 feet;-located at 12595 Oregon.Road,Cutchogue, NY SCTM-No_10Q0`=83-2-12;T. 1:10 P.M-JEANNETTE AND JEFFERY WILKE#7005. ' Request`for a variance from Article XXIII,Section 280- 124;and the Building Insp:ector's November4,2021 Notice of Disapproval based"on an application for a permit to construct additions and alterations to an existing single family dwelling,at 1)located less than the code required minimum side yard setback of 15 feet;located at:3380 Oaklawn'Avenue,Southold, NY. SCTM No. 1000-70-5-49.4. 1:20 P.M.-BRIDGET`CLARK RYMER #7603SE—Applicant requests a Special Exception underArticle Ill, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:7825 Soundview Avenue,Southold, NY. SCTM#1000-59-6-15. 1:30 P.M.-DONYA KAUFER O'BRIEN#7606—Request for a Variance from Article III,Section 280-13(C) and Request to Overturn the Building Inspectors October 15,2021 Notice of Disapproval based on an application to legalize an as-built conversion of an existing accessory garage to an artist studio;at 1)the proposed use in the accessory building is not a permitted accessory use; located at:2500 Grand Avenue, Mattituck,NY.SCTIVI No. 1000307-2-16. SOUTHOLD TOWN BD OF APPLS 3 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1:40 P.M.JAY P. MANDELBAUM AND LAUREN GORDON#7579= (Reopened January 20,2022)Request for Variances from Article IV,Section 280-18 and the Building Inspector's August 4,2021 Notice of Disapproval based on an application for a permit to construct asingle family dwelling and an accessory raised patio with a hot tub;where, 1)the proposed construction would result,in a lot coverage of 31% where the code only permits a maximum lot coverage of 209,16,and 2)the proposed raised patio and hot tub would be located partially in he sideyard where the code requires accessory structures and buildings must be located in the rear yard;for property located at:920'Kimberly Lane,Southold,NY.SCTM No.1000-70- 13= 20.15. In addition,the property owner seeks to.amend Declaration Covenants and Restrictions on the subject property which require the removal of the existing tennis court if a'single family dwelling is not constructed within a specific tiniefra 2:00 P.M.-'VINCENT BERTAUL (Adjourned from February.3;2022) Request to reverse a Stop Work.. Order issued by the Building Inspector on August 24,2021,pursuant to Chapter.144,Section 144-8,for construction beyond the scope of Building Department Permit#44198;located at:95 Navy Street, Orient, NY.SCTM-N6.1000-264-12.2. The Board of Appeals will hear all persons or their r-epresentatives,.desiring to be heard at each hearing, and/or desiring to submit written`stat6ments'before the conclusion of each hearing: Each hearing will not start earlier than.,.. designated above. 1`116sare available for review on The Town's Weblink/Laserfche under Zoning Hoard Appeals.(ZBAABoord'Actions\Pending. Click Link: http://24 3$28228:2040/we.blink/Brow's'e.aspx?dbid=0. Contact'our office at(631)765-1809,or by ptnbil: kimf@southoldtown ny.gov Dated:- February'17,2022 ZONING BOARD OF APPEALS, LESLIE KANES WEISMAN,CHAIRPERSON BY:Kim E.Fuentes,54375 Main Road(Office Location), P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The.Suffolk Times State of New York, County of,Suffolk The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy.of which is attached hereto, was printed and published in this newspaper on the following dates: February 24,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as suchjs eligible to publish such notices.:- Signature otices:Signature . Ellot T. Putnam Printed Name - -- --- — — — - — -- --- --- Subscri) ed andsworn to before me This 24 day:offebruary 2022 Notary Signatur 4 E .•' ' .STAI' OF NORK NOTARY PUBLIC �.2 ' ALBANY Notary Public Stamp {+'• 01RF.6398443 -c O ''•,, S1ON ENS' ,,•� SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS (/j' Southold Town Hall Leslie Kanes Weisman,Chairperson O�*Of S® y�! 53095 Main Road-P.O.Box 1179 O Dantes 411 Office NY 11971-0959 Patricia ra L Office Location: Eric antes N Town Annex/First Floor, Robert Lehnert,Jr. • aOQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYcou N Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 3, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 3, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar.meeting at http://southoldtownnv.gov/calendar.aspx. 2:00 PM -VINCENT BERTAULT#7580—(Adjourned from February 3, 2022) Request to reverse a Stop Work Order issued by the Building Inspector on August 24, 2021, pursuant to Chapter 144, Section 144-8, for construction beyond the scope of Building Department Permit #44198; located at: 95 Navy Street, Orient, NY. SCTM No. 1000-26-1-12.2. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: htt 24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: February 4, 2022 . ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY _11971-0959 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 C � Southold, New York 11971-0959 *,0 Fax(631) 765-9064 ,0 ZONING BOARD OF APPEALS DATE: February 1, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the March 3, 2022 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. to ry l s ` n tru i n rec a reed; a e a tai; bloc ea ilfm i}��1'c odes' ' _2 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than February 23, 2022.To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by February 24, 2022, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearir:a Page 2 MAILING INSTRUCTIONS: Please send by USPS GerhfiedMMI Return FRe eipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by February 14, 2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimfia'�,southoldtownny.gov or elizabeth.sakarellos@town.southold.n�us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2019> 2019 http://24.38.28.228:2040/weblink/O/doc/1022250/Pa eg l aspx. �NO& aPlY�' �T��� C.7�®QTS £? CPinailrggzrece7pgree� ar� rnd af`irav�t �Io �'X�ss�`�-*,�'�cs�`R€''�� r�:r+cs� ,,��"n"�"�� $w,,�r"�,^.�-'`�-�'k'" '`'`' „�'N". .�`;r�,�1hy��.�'�"� p,�,c..r b`f✓"���� �• ,F�9"'" .,..� "e�'`�w. ,7�t..�`. �'''� Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant TI1w. E Q- F HEARI '140 The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will also be available VIA ZOOM WEBINAR - Follow pink - httpo.//southoldtownny.gov/calendar.aspx NAME BE"'RTAULT , VINCENT # 7580 FCTM # : 1 000-26- 1 - 1 22 VARIANCE: CONSTRUCTION BEYOND THE SCOPE OF BP #44198 PEQUESTO REVERSE STOP WORK ORDER DATE THURS. , MARCH 3 , 202 :2 200 PM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 w TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING 4-1 (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK V I, ��✓ /// ^ 5 residing at ie, //� ,New York, being duly sworn, depose and say that: I am the (Owner or ( )Agent for owner of the subject property On the day of i:e , 20,y1, I personally placed'the Town's Official Poster on subject property located at: J The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period o not less than seven days immediately preceding the date of the public hearing of (Owner gent Signatur ) Sworn to before me this Day of /�� rf �� , 20 (Notary Pub ic) Cheryl Simons NOW Public,State of New Yb* No.31-4970341 Qualified In Suffolk County Commission Expires February 4,20_9:!J�l r p STm,. 4.. *� Fu t- NOTICE OF HEARING �' T��In�,w,ov�Nq�c aim w n a bc,a.a Br mR So�maa T�Wa'e Tn 1.VFrxN nl Town N.11,Sb95 Main Road,SouJCieltl wi , .t�� io Ylq LOOM WEO 4R-Fonow � hltp,"sou1htholdtown,ny.yovlcal®n aLaEpE NAME BERTAULT,VINCENT #7580 SCTM a: 1000-26-1-12.2 i..� VARIANCE:CONSTRUCTION BEYOND THE SCOPE OF Bp#44198 REQUEST: REVERSE STOP WORK ORDER DATE - THURS.,MARCH 3,2022 2t0()pM 9 �IBq Om.,o,eroinonn 169,1 i6F�F�p9�'•n• R C 1'N: W' LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ebressler@wbglawyers.com February 1, 2022 FEB 0JU022 Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street, Orient, New York SCTM# 1000-26-1-12.2 Ladies and Gentlemen: We are the attorneys for the applicant, Vincent Bertault, and write in furtherance of his pending appeal of a stop work order issued by the Building Department. We enclose for the Board's consideration the following documents for the appeal: (1) 1St Foundation Inspection dated 10/30/2020; (2) 2"d Foundation Inspection dated 07/14/2021; (3) 1St and 2"d Foundation Inspection dated 10/26/2015; (4) Framing/Strapping Inspection dated 09/05/2017; (5) Letter of Gary O'Connor dated 11/17/2020; and (6) Survey of barn dated 10/29/2021; (7) ZBA determination 4/21/2014; (8) Certificate of Appropriateness dated 6/18/2014. Thank you for your consideration in this matter. Very truly yours, r� Eric Kessler EJB/cs Encls. cc— Vincent Bertault EXHIBIT 1 TOWN OF SOUTHOLD BUILDING DlEPT.. �.: 765-1802 tMOPECTIO.N. [ ,FOUNDATION 1ST [' ] ROUGH PLBG. [ ] FOUNDATION 2ND" [ ] ,INSULATION/CAULKING FRAMING/STRAPPING [ ] FINAL FIREPLACE&CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICALROUGH ( ) [ ] ELECTRICAL(FINAL) [ ] CODE VIOLATION [ ] PRE C/O REMARKS: k di Y;. {U• f +gcL� ons .._74g, F DATE /0W? 'INSPECTOR,. EXHIBIT 2 • w 2. E 'TOWN OF,Sol)T—00L_p:BUIL`DINlG,DIEPT 765-1802 INS=PECTl N [' ] F UNDATION 1ST [ ] ROUGH PLBG. [/, FOUNDATION 2ND [ ] 'INSULATION/CAULKING ( ] FRAMING/STRAPPING [ ] FINAL [ ]' FIREPLACE`&CHIMNEY j ]-FIRE SAFETY INSPECTION [ ] FIRE-RESISTANT.-CONSTRUCTION [ ] FIRE RESISTANT PENETRATION. [ ] ELECTRICAL(ROUGH) [ ] ELECTRICAL(FINAL) [ ] CODE VIOLATION [ ] PRE C/O h , t DATE r_ _ INSPECYOR. EXHIBIT 3 � 3 .F ' T TOWm O*F SO:UTI�OLWOUILDIN'G DB _TT 765.1802 ON INSPEuTi [ OUNDATLON i ST [ J ROUGH PLUMBING FOUNDATIOT� 2ND [ ] INSULATION [ ] FRAMING/STRAPPING [ ] FINAL.- [ ]-FIREPLACE&CHIMNEY. [ ].",RE SAFETYINSPECTION. [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ];ELECTRICAL(ROUGH) [ ] ELECTRICAL.(FINAL) [ ] COOK„VIOLATION— [ J CAULK1 G R19 RIGS: i� gg 1. DATE". 1 - INS PE6TOR, EXHIBIT 4 TOWN'OF SOUTHOLD BUILDING DEPT.. ` , 765.1802 NSPEC�TIIV P [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ �70UNDATION 2ND [ ] INSULATION FRAMING/STRAPPING [ ] FINAL [ ] FIREPLACE &CHIMNEY [ ] FIRE SAFETY-INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] .FIRE RESISTANT PENETRATION [ ] ELECTRICAL(ROUGH) [ ] ELECTRICAL:(FINAL) REMARK$: Yarm ` s to Y,11N1 _ gag tk y DATE: " INSPECTOR EXHIBIT 5 LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 RECEIVEDTELEFAX NO.631-298-8565 ebressler@wbglawyers.com February 3, 2022 FEB 0 3 2022 Southold Town Zoning Board of Appeals80,4RDp,,.4PPF 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street, Orient,New York SCTM# 1000-26-1-12.2 Ladies and Gentlemen: We are the attorneys for the applicant, Vincent Bertault, and write in furtherance of his pending appeal of a stop work order issued by the Building Department. Attached please find .corrected drawing which should be attached as Exhibit 5 to our letter of February 1, 2022. Thank you for your consideration in this matter. . Very truly yours, Eric J. ressler EJB/cs Encls. cc— Vincent Bertault ■■ : Inl �s a • ,.,:j•: 11 _ nall ■ ■ ■ r11 0 III. Gary R. O'Connor—Architect 8 Coryell Street Lambertville,New Jersey 08530,609-397-3635 November 17, 2020 Mr. John Jarsky, Senior Building Inspector Southold Department of Buildings Town Hall Annex Building 54375 Route 25 . P.O. Box 1179 Southold, NY 11971 Re: Bertault Residence, 95 Navy Street Foundation Certification—Permit#44198 Dear Inspector Jarsky, I am writing to confirm and certify that the pinning reinforcing installed is consistent with our design and the height of the stem wall was set to 8'-4". An,updated foundation survey has been ordered and will forwarded for your records as soon as it is completed. Enclosed please find four copies of amended Barn Elevations indicating minor adjustments. Additionally, a grading and drainage plan is being prepared by Condon Engineering and will be filed shortly. No grading will be performed until the grading and drainage plan is approved. Please do not hesitate to contact me with any questions. Sincerely, Gary R. O'Connor, AIA Architect Cc: Mr. Vincent Bertault, Property Owner Mr. John Condon, P.E. �° $0 Gary R. O'Connor REAxRooP 1�-i r_ •� - ° ARCHITECT ' M'uc.ozoss, L-ber IL,x1106530 Ph—609.397.3635 •��C•--w. or PERWOOS APRON SIM AR OR EQUAL TO GRA55PAVE2 BY IW61BLE 5UWMRM,INL. � ~� GROUND ROORO{P NRVS �tE¢vAnaaaar------ I OONC.oNLLF EER ON IEAOCR TO BE rwva CONG SxEV.R1PJ TO MN.POND.RMPA EAST ELEVATION 5c-a:l!A•-ra 0_FRONT ROOOF IS.9'•__ ° — �r 0 0. FLOOR 04P QFiYVAf0�6d1--- ----- I I I I I I I LJ LJ LJ _ NEW sroxe vENeER N - — — otout.snEIP —_ - 25a LEAMTOBETAREN TO M.M.Pow.RTP.) WEST ELEVATION 5wa w-ra WEST ELEVATION sO9E:u,•_1•a Fd7NT ROOF 16.9'± —__—__—__B NG IR.12--0 FRONT ROOF 16_9' 0______—__ hflCPL ROOF ® REV510N5 STRIP SnWGIL RO0/ m���%pe-Y��� ��SfOub°LG°�K mtC. ,s PROP05ED 6UING RELOCATION BERrunr Rtsmcr pASR9 57 fFOIMO ROCM2 O-0• �G5QZ°4_ w*T'�m' —_ (i1LVATI0N B.0)� IEIR'ATgNVATION 8.0) q I I I I E"AIIONs PERVIOUS APRON SIMII1 OR EOUALTO _ GRA55PAVE28YWVWBIE STRULTNRES,INC. I 4 ON cON NEVENEER ON eoxe sneu L J L J _ _-� - - A-4 zv.�ro� NORTH ELEVATION%ALf:1/,•=ra 50UTH ELEVATION snE:ln•-ro 50UTH ELEVATION S4E:Nw-I.O• `" W EXHIBIT 6 WILLOW STREET 65.93' N 85"28'30"E rn a c r- o 22:3' 00. (•f -`` 1 1 STY HEIGHT ABOVE 0' " �y PEOAKS BARN FOUNDATION N � N 89'56'00"E 54.53' 7A_ Zg 9.a' a `� meg, 7 #95 NAW STREET W �X SCTMH 1000-026.00-01.00Al2.002 c0 _ N N � O O Z co) SCALE I"=20' SCTNI 1000-026.00-01.00-012.002- BARN DETAIL OF SURVEYED:OCTOBER 29,2029 SUBJECT PROPERTY SITUATE AT ORIENT LAND SURVEY LONG ISLAND.COiVI TOWN OF sOUTHOLD WARD BROOKS LAND SURVEYOR � �"�� SUFFOLK COUNTY,NEW YORK verYa "' w CERTIFIED TO,VINCENT BERTAULT 11 OCEAN AVENUE @COPYRIGHT 2021 WARD BROOKS.ALL RIGHTS RESERVED.DUPLICATION OF THIS DOCUMENT IS A VIOLATION OF FEDERAL COPYRIGHT LAW. BLUE POINT NY'.'. 1171.5 THISSURVEY HAS BEEN PREPARED IN ACCORDANCE WTTHTHE CODE OF PRACTICE ADOPTED BY - f THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL U00 SURVEYORS.. CERTIFICATION SHALL RUN ONLY TO THE PERSON.THEIR INTEREST ANDIORASSIGNS. (631) 576-7794 (63`1) 363-3179 , ,I. .•r9FF�,'+�_.^'. CERTIFICATIONS ARE NOT TRANSFERABLE ANYAL7�ERA ONN OR,�ONwo T;�SURVEEASEMENTS VISA�D�°�n, EYES`" CATION LAW. WARDBROOKSO@GMAIL COM DO NOTSCALE FENCES.OFFSETS SUPERCEDE FILE#11206 EXHIBIT 7 — --- BOARD-1VIEMBERS- ----- - - ---------- ------- ----------__ ------------------ -..._._ _ OF SSU Southold Town Hall Leslie Kanes Weisman Chairperson ' ypl� 53095 Main Road-P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Gerard P.Goehringer Office Location: ,e Town Annex/First Floor Capital One Bank George Horning p y 54375 Main Road(at Youngs Avenue) Kenneth Schneider ���ou ,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 Fax(631)765-9064 i•j APR 22 2014 FINDINGS,DELIBERATIONS AND DETERMINATION ^ nFPT MEETING OF APRIL 17,2014 D ZBA FILE:6729 NAME OF APPLICANT:Vincent Bertault PROPERTY LOCATION: 95 Navy Street(adj.to Willow Street)Orient,NY. Cna].000-26-1-12.2 SEQ A DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type If category of the State's List of Actions, without further steps under SEQRA. 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 FACTS/DESCRIPTION.The applicant's property is a 19,905 sq.ft. in the R40 Zone. The northerly lot line measures 65.93 feet along Willow St., plus 54.53 feet along an adjacent residential parcel.The easterly lot line measures 154.15 feet along a residential parcel. The southerly lot line measures 103.57 feet along Navy St., and the westerly lot line measures 207.70 feet along another parcel. The property is improved with a single family dwelling, and two accessory structures (a barn and a shed), as shown with the existing, and the proposed, new accessory structure locations, on the survey drawn by Peconic Surveyors, P.C. dated Dec. 12. 2012, and the site plan A.1 drawn by Gary R.O'Connor,dated Oct. 18, 2013. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's October 15,2013,Renewed January 24,2014 Notice of Disapproval based on an application for building permit for relocation of existing accessory barn and shed,at; 1)accessory barn and shed proposed in a location other than the code required rear yard. RELIEF REQUESTED; The applicant requests variances to move two accessory structures from existing nonconforming front yard locations,to a new nonconforming front yard location. The code requires all accessory structures,except in-the case of waterfront parcels,be located in the rear yard. ADDITIONAL INFORMATION: The applicant's property is a through lot with frontage on two streets, and therefore has two front yards and no rear yard. The subject barn is estimated to have been built at sometime in'the 1920's, and the shed was also built at some time prior to the enactment of the Town Zoning Code. The applicant wishes to preserve and restore both accessory structures and to relocate them to eliminate the current need to drive cars over the existing septic system and to create more open space for gardening and recreation in the center of his property. The file contains two letters of objection submitted by an agent of adjacent neighbors stating some concerns regarding the applicant's proposed project. The neighbor's agent submitted written information on the history of the subject property. The applicant's proposed project is subject to the review'and approval by the Town Pagc 2 of 3 Apnl 17,2014 ZBA#6729—Bertault t,.SGTM#1000-26-1-12.2 119 Landmark Preservation Committee. The applicant submitted a letter dated March 13, 2014 proposing to relocate the barn with a 25 foot front yard setback from Willow Street instead of the 20 feet setback as originally proposed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6,2014,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) 6 1 Grant of the variances to relocate two accessory structures,an existing,historic barn and shed from pre-existing, non-conforming front yard areas into new, non-conforming front yard locations will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property is located in an historic district that includes numerous buildings, including both principal dwellings and accessory structures, with non-conforming setbacks; all situated in locations that pre-date zoning. Many accessory structures are located in front yard areas.The average building front yard setback on Willow St.is estimated to be approximately +4 feet. The average front yard setback on Navy St, is estimated to be rn approximately+17 feet. The applicant proposes to re-locate the bawith a front yard setback from Willow Street of 25 feet and the shed with a front yard setback of 39.6 feet, and a 15 foot side yard setback on this irregularly shaped lot. The subject structures have valid pre-existing CO's, and the applicant's project must have the approval of the Town Landmark Preservation Committee. 2. Town Law §267-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 applicant's property is located between two streets, creating two front yards and the parcel has no conforming rear yard area.Therefore,the re-location of the two pre- existing accessory buildings to any other on-site location requires the granting of variances. 3. Town Law $267-b(3)(b)(3) The variances granted herein are mathematically substantial,representing 100% relief from the code for the accessory structures proposed front yard locations, instead of code required rear yards locations. However, this is mitigated by the fact that these two structures already exist in non-conforming front yards because this property has two front yards and no rear yard location in which to move the structures, and also because of-the pre-existing non-conforming status of these two structures each with a valid CO. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5) The difficulty has been self-created. The applicant purchased the parcel in 2005, after the Zoning Code was in effect, and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law $267-b. Grant of the variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of moving two pre-existing, non-conforming accessory structures to new non- conforming locations,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Horning,secorided by Member Goehringer, and duly. carried,to GRANT,the variance for the shed as applied for and shown on the survey drawn by Peconic Surveyors,P.C. dated Dec. 12.2012,and the site plan A.1 drawn by Gary R.O'Connor,dated Oct. 18,2013,and 0161� LAO Yg�mc- t",e"P x�; I CIA � Aoki °e^NW pq � ( r g m.� ICK � � r3owc� �--C � � W�ce�✓ p t/Iftp/ oTL-� �v'v 1�r ;vv W VV Page 3 of 3 Apnl 17,2014 ZBAi16729=Bertault z,.7_SCTMN1000-26-1-12 2 rop DENY,the variance request for the barn as applied and, GRANT ALTERNATIVE RE,LIEF for a 25 foot setback from Willow Street for .the accessory barn relocation,as proposed by the applicant in a letter dated March 13,2014,subject to the following condition;- CONDITION: 1. The granting of the 'variances are contingent upon the applicant securing the approval by the Town Landmark Preservation Committee for the proposed project, if the application is denied by the Landmark Preservation Committee then this decision shall become null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy,when issued. Before annl>iing for a buildingpermit the applicant or agent must submit to the Board ofAppeals for approval and filing,two sets of the final site plan or survey conforming to the alternative reliefgranted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department.Failure to follow•this procedure may result in the delay or denial of a buildingpermit, and may require a new application andpublic hearing before the Zoning Board ofAppeals. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board ofAppeals. Any.deviation from the:variance(s)-granted hereinas.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. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing /2014 rr 6 7Z7 4 IU14 . . L .or la �v sp� Gn-I Lu I GGr/l� `T SS Gtr l f 6 A-�� A<aees 5 th5�(M C /Aj��rl-�4 UPI"7I WL ZQ Vv n L V-4s.CT UPG N51-Uc 8ARf LlrS 3 gyp- o2v►�ref I r' dcc6-- I U ku-csss C-A"Tvp .� c�S �orvZS or Pm ' 1 TOWN OF SOUTHOLD HISTORIC PRESERVATION APPLICATION Meetings are on the third Tuesday of the month at 3:00 pm in Town Hall, 53095 Main Road, Southold, NY. All applications must have a representative at the hearing in order to be re- viewed. Questions? Call.Historic Preservation Commission (631)'765-1800. Date: ?i b* . Property Address: 44 01 W-1 Owners Name: Sections of local laws authorizing review by the Historic Preservation Commis- sion of proposed work on designated town landmark properties are in Chapter 56 of the Southold Town Code. Categories of Proposed Work ❑ Repair ❑ Storm Windows & Doors fil"ACMS , $Y #jC'W AAL4 " K*L ❑ Alteration 0 Additions & other 0 Painting new construction 0 Roofing 0 Signs Please attach a detailed description of the proposed work to the application. At the earliest stage of planning of the proposed work, the applicant should contact the Chairman or Secretary of the Commission in order to establish a dialogue of the proposed work. I understand and agree that no work on this request shall commence until written appro al has been give y the Building Inspector if a Building Permit is required. Own e 's Signature: %now" Note:Applicants should review Commission Standards before planning work to insure that the application conforms to these requirements. . 1. APPLICANT Name: Address: ' UAt[oN �T Telephonetemail/fax: • • ��®�— ��•��� OrAA«IO�.�RGQ'1'�G'((�{��1'T,�7�V. RJi� 2. PROPERTY Owner's Name: Address. N Telephone% mail/fax. Tax Map Number. Date Acquired by Current Owner: Status: Local Landmark () In'Local'Landmark District () On National Historic Register or in NHR Dist. () Use: Current: Proposed. 3. PROPOSED WORK Scope of Work: CAMON Of Reason for Work: 1/DI �.��Ie:ULA! ,� '�►J2Ar�fJtG �IG�S S Architect/Engineer: C .1.CY7t1y Contractor: Construction Scheduler b � M EXHIBIT 8 SO!/T�,o Telephone (631)765-1802 �� Town Hall,53095 Route 25 Fax (631)765-9502 P.O.Box 1179 G ac Southold,Newyork 11971-0959 ee4UNN,� SOUTHOLD TOWN LANDMARK PRESERVATION COMMISSION RESOLUTION#6.17.14.1 n June 18,2014 y Certificate of Appropriateness RE: 95 Navy Street, Orient,SCTM#1000-26-1-12.2 Owner: Vincent Bertault RESOLUTION: WHEREAS, 95 Navy Street,Orient,NY is on the Town of Southold,New York State and National Registers of Historic Places,and WHEREAS, as set forth in Section 56-7(b)of the Town Law(Landmarks Preservation Code) of the Town of Southold,all proposals for material change/alteration must be reviewed and granted a Certificate of Appropriateness by the Southold Town Landmarks Preservation Commission prior to the issuance of a Building Permit, and . WHEREAS, an application was submitted to relocate an existing accessory barn and an accessory shed on February 28,2014 and . WHEREAS Commissioners met with the applicant to review the proposed project on April 15, 2014,and WHEREAS, a public hearing for the purpose of considering approval of the proposal was held on June 17, 2014,and WHEREAS, the proposed relocation of the historic bam and shed, according to the plans submitted,will result in the structures being restored and preserved as is,and WHEREAS, the proposed relocation of the barn and shed will afford the applicant the ability to maximize the use of his property while preserving the character of the structures,and g r WHEREAS, the relationship between the existing barn structure and the main dwelling was significantly altered when the property was previously subdivided with Southold Town Planning Board approval, and WHEREAS, there are longstanding precedents for relocating such historic structures throughout the Hamlet of Orient and the Town of Southold, and n�v WHEREAS, the new front yard location of the barn structure(facing Willow Street)is in keeping with other properties in the surrounding area,and WHEREAS, the proposed relocation of the barn structure was approved by the Southold Town Zoning Board of Appeals (#6729)on April 17,2014,and WHEREAS, the applicant has agreed to make a good faith effort to preserve the property's existing trees and shrubs(particularly the holly trees)during the relocation process, and WHEREAS, a letter was submitted to the Landmarks Preservation Commission on July 30, 2014,by Michael Johnson, of Johnson Tree Co.,Orient, outlining how to protect the willow tree adjacent to the proposed location of the barn structure.7he letter will be part of the applicant's final building permit application and,it appears that the project requires no further review, NOW THEREFORE BE IT RESOLVED,that the Southold Town Landmarks Preservation Commission determines that the proposal as outlined in plans dated October 18, 2013,and amended on January 21, 2014,on May 28,2014,and last amended on June 11, 2014,by Gary R. O'Conner,architect,meet the criteria for approval under Section 170-8 (A)of the Southold Town Code. BE IT FURTHER RESOLVED,that the Commission approves the request for a Certificate of Appropriateness. MOVER: James Grathwohl, Chairman SECONDER:James Garretson, Commissioner AYES:Surchin,Parker,Feiler,Garretson, Grathwohl NAYES:Harper ABSTAINED:Webb RESULT:APPROVED Please note that any deviation from the approved plans referenced above may require further review from the commission. Signe i v Ja es F. Grat ohl, Chairman,Landmarks Preservation Commission Date:TBD From: Rallis, Damon <Damon.Rallis@town.southold.ny.us> Sent: Wednesday, January 13, 2021 9:29 AM To: Gary O'Connor<gary@grocarchitects.com> Subject: RE: 95 Navy Street Grading Plan j No fee due—all copies are distributed here to the appropriate files—we do not automatically send one to you unless you request one—unless a fee is due—if you want a copy you can call Sue at 631-765-1802 From: Gary O'Connor Imailto:aarvOgrocarchitects com] w Sent: Wednesday, January 13, 2021 9:23 AM To: Rallis, Damon Cc: vbertault Subject: RE: 95 Navy Street Grading Plan Good Morning Damon, Question; How are the field copies being distributed? Does the Owner or Contractor need to come in and pick them-up? Are they mailed? Is there a fee to be paid? Thanks, Gary From: Rallis, Damon<Damon.Rallis(cDtown southold nv us> Sent: Tuesday, January 12, 20218:22 AM To: Gary O'Connor<garvO)grocarchitects com> Subject: RE: 95 Navy Street Grading Plan I'm sorry Gary—I thought I told you, it was already approved. Thanks 66 From: Gary O'Connor(mailto•aarvCcDgrocarchitects corn] --- Sent: Tuesday, January 12, 2021 7:46 AM To: Rallis, Damon Cc: John Condon Subject: 95 Navy Street Grading Plan Good Morning Damon, Is there any update on the App_ro_v_al of the Grading_and_Drainage-Plan-that-was-submitted--last-mo nth--- by Condon Engineering? Thanks, Gary R. O'Connor, AIA Architect 8 Coryell Street Lambertville, NJ 08530 { 609-397-3635 Office 609-613-0999 Mobile ATTENTION:This email came from an external source.Do not open attachments or click on links from unknown senders or unexpected emails. Fuentes, Kim From: Eric Bressler <ebressler@wbglawyers.com> Sent: Tuesday, March 1, 2022 4:27 PM To: Fuentes, Kim; gary@grocarchitects.com;vbertault@yahoo.com Cc: Sakarellos, Elizabeth Subject: RE: Southold ZBA#7580 - Bertault, 94 Navy Street, Orient Attachments: ZBA 03-01-2022.pdf, Site Plan and Elevations.pdf, Drainage Plan Approval.pdf,- Dec-14, 2020 Drainage Plan C-1 .pdf Kim: Please see attached correspondence from Eric J. Bressler, Esq. We will have 6 sets of original stamped, signed plans delivered to the ZBA tomorrow. Please let us know if you need anything further. Regards, IQ Cheryl Simons ;(rr paralegal MAR -2 2022 Eric J. Bressler, Esq. Wickham, Bressler& Geasa, P.C. } '�^'v CT 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631298-8353 631298-8565 (Fax) ebressler@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination,forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender at 631-298-8353. From: Fuentes, Kim <kimf@southoldtownny.gov> Sent:Tuesday, February 08, 2022 9:18 AM To: Eric Bressler<ebressler@wbglawyers.com>; gary@grocarchitects.com;vbertault@yahoo.com Cc:Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us> Subject:Southold ZBA#7580- Bertault, 94 Navy Street, Orient Hi, This is a reminder that during your public hearing of February 3, 2022, the ZBA Board kept the record open, and adjourned the hearing to March 3, 2022 in order to receive from you the following requested original signed, dated, and stamped documents: 1. Survey, showing all existing and as-built structures. 2. Building Plans, Elevations, Floor Plans showing all existing and as built improvements. Let us know if you have any questions. Thank you. i Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim,&asoutholdtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, IVY 11971 z LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ebressler@wbglawyers.com March 1, 2022 Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street, Orient, New York SCTM# 1000-26-1-12.2 MAR 2 2022 Ladies and Gentlemen: We are the attorneys for the applicant, Vincent Bertault, and write in response to your e- mail of February 8, 2022. In accordance therewith, we enclose the following: (1) Site Plan dated February 15, 2022 incorporating surveys dated November 23, 2020 and October 29, 2021 and floor plans; and (2) Elevations showing existing and as built structures dated February 15, 2022. We also enclose the drainage plan dated December 14, 2020 referenced in the site plan and approval thereof dated January 12, 2021. Contrary to several of the un-informed comments during the course of this proceeding: (1) There is no material difference in the height of the barn structure from 2014 to present-the only work on the barn which affects its height is the required reconstruction of the existing roof using 2"x 8", 16" o/c to code rather than the inadequate existing and failing 2"x 4" 24", o/c and matching the ridge lines for structural soundness; (2) The roof work was inspected and approved as reflected in the inspection reports previously submitted to the ZBA, and (3) All of the foundation work was inspected and approved as reflected in the inspection reports previously submitted to the ZBA. �' Indeed, at the last hearing the building inspector did not dispute the inspections and approvals of all of the work to date. Thus, there is no reason why the unfounded stop work order should not be reversed and the completion of the approved work permitted to move forward to a conclusion. As a collateral benefit to the neighborhood of such a result, the completion of the barn will eliminate to a great extent the work in progress which has been the subject of so many baseless complaints which are only prolonging the process. Thank you for your consideration in this matter. Very trul urs, G Eric J. B, sler EJB/cs Ends. cc— Vincent Bertault t � LAW OFFICES WICKHAM,BRESSLER& GEASA, PC. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATI'ITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.W-ICKI-IAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-9565 ebressler@wbalawyers.com March 15, 2022 I MAR 15 2022 Southold Town Zoning Board of Appeals ZONIR'G BOARD OFAPPEA 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street, Orient,New York SCTM# 1000-26-1-12.2 Ladies and Gentlemen: We are the attorneys for Vincent Bertault.and write in support of his pending appeal seeking reversal of the purported Stop Work Order of the Building Inspector dated August 24, 2021.Upon the conclusion of the public hearing on March 3, 2022, the ZBA closed the hearing,but permitted the Applicant to make a written submission prior to the Special Meeting on March 17, 2022. We address below five issues which were raised at the continuation of the public hearing on March 3, 2022. As we have not yet seen anything filed by the Southold Town Historic Preservation Commission,we cannot at this time file a response. We will do so promptly upon review and request additional time to do so if necessary, as agreed to by the ZBA. First,in 2014 both the ZBA and HPC were aware.of and approved the relocation of the barn at its current location at a FEMA compliant foundation height and its current height. In particular,the documents reflect that: (a) the ZBA decision approved for filing on April 21, 2014 for Appeal 46729 granted variance relief for relocation of the barn based upon the survey of Peconic Surveyors, P.C. dated December 12; 2012 and the Site Plan A-1 drawn by Gary O'Connor dated October 18, 2013. A copy of the survey is annexed as Exhibit A and a copy of the Site Plan A-1 is annexed as Exhibit B. A portion of the copy of Exhibit B stamped approved by the Building Department is-annexed as Exhibit C. Exhibit A, Exhibit B, and Exhibit C show the floor elevations of the relocated barn to be at 8 feet. The relocated barn is located exactly where it is supposed to be as shown on the as-built 1 i site plan of Gary O'Connor dated February 15,2022 previously submitted:to the on March 1, 2022. (b) The HPC Certificate of Appropriateness.dated June 18, 2014 referenced plans of Gary O'Connor last amended on June 11, 2014. A copy of the Certificate of Appropriateness is annexed hereto as Exhibit D. A copy of the plans referenced therein is attached as Exhibit E. The proposed location, foundation for the barn, and height are similar to that submitted to the ZBA. Any statements to the contrary at the:hearing or in written submissions are simply false and contrary to the documentation. While it is certainly permissible for members of the public to object, it is utterly intolerable and impermissible to make false assertions. Second,the Building Inspector approved the barn foundation and the barn framing on multiple.occasions, as set forth in our earlier Ietter of February 1,2022 with attachments thereto consisting,inter gig,of satisfactory inspections.No issue as to location or height was raised. Updated drawings were submitted to the Building Department as requested. Copies of same were attached to our letter of March 1, 2022. Third,the grade elevation in.the proximity of the approved barn was noted on the approved drainage and grading plan (a copy of which was previously submitted to the ZBA on March 1, 2022) as 7.82 feet, consistent with the statement of Gary O'Connor, AIA at the hearing as to the grade elevation. The original signed and stamped plans by John Condon, P.E., were delivered to the Building Department as appears from his letter dated March 10, 2022, copy annexed as Exhibit F. Any assertion to the contrary is simply false. The height of the relocated barn is not.in issue due to the prior approvals by the ZBA and HPC as to the first floor height (8 feet).and the absence of any material change to the structure of the barn (which was shown at 18' 9"+-). The height of the barn as shown on the as-built is 18'3 3/4" on.a first floor elevation.of 8.6 feet,reflecting a virtually identical height. All of the relevant agencies knew .from the onset the height of the barn and approved same.As noted, su ra, the foundation and framing on the barn were approved on multiple occasions.As-built and drainage and grading plans were submitted to the building department and Mr. Bertault's building permit renewed thereon. Thus, any complaint at this juncture is patently without merit. Fourth, as noted at the hearing,the HPC has no role in this appeal and should not be further heard. Assuming, arguendo, that the purported Stop Work Order met all constitutional requirements (which it did not), and met all statutory regulations (which it did not), nevertheless,the HPC is not mentioned therein—only the Building Department and ZBA. Finally, it is undisputed that the roof of the barn was collapsing and needed to be replaced. It is further undisputed that reconstruction; according to code and sound engineering,practice, required 2"'x 8", 16"o/c roof rafters rather than 2"x 4", 24"o/c roof rafters and joinder of ridge lines was performed and inspected and approved by the Building Department. As set forth above,the overall height of the.barn isnot materially different from that approved in 2014, as reflected in the 2014 drawings and the as-built site plan, submitted to the ZBA prior to the public hearing on March 3, 2022. 2 This approval in the first instance is straight forward and compelling. The stop work order failed to comply with statutory requirements and due process requirements under the New York State and United States Constitutions. Thus,the stop work order should be reversed. Assuming, ar uendo,the ZBA determines to look behind the improper stop work order (which it should not)the documentation demonstrates that Vincent Bertault complied with the permits and that all the work which was performed was inspected and approved on multiple occasions. There is no reason why the renovation project should not proceed to completion. Thank you for your consideration in this matter. VeIi ly yours, Erressler EJB/cs cc— Vincent.Bertault 3 EXHIBIT A AREA= 19,905 SOYT N SURVEY OF PROPERTY AT ORIENT TOWN OF SOUTHOLD SUFFOLK: COUNTY, N.Y. 1000-26-01-12.2 SCALE: 1'= 90' -DECE14/BER 12, 2012 ' APRIL 25. 2015(LpCATED WAIL) NOV. 10, 2015 floundpflonl. 4.Y a WILLOW �s ,STREET r N8578'30'E 65.93'. L ' ST Ism I41V TRS $g N/o/r JOANN T. 14 M4D Q1 ptFAR WILLIAM N. GESELL „ N89-56'00'E 54.53' uoN.o xw Z 20.0,I a ao''siocx�nc It•_ Isle ONE _ — +' 17 N EE xo•11iec s� tswnaie rro/L. , BROI ! p I 1 Iia ti 5. Qc) o 1 3 6•TRFE 9® w. 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(631) 765-5x20 FAX (631) 765=1797 EXCEPT AS PER SEC71ON 7209-SUBDIWSION 2.ALL.CERTTRCARONS P.O. .BOX 909 THEREON ARE VAUD FAR THIS'MAP AND COPIES TNEXEOF ONLY IF 'SAID MAP OR COPIES BEAR THE IMP.RESS£D SEAL OF THE SURWMR 1230 TRAWLER STREET WHOSE.SICNAIURE APPEARS HEREON. SOUTHOLD, MY 17971 [12-A279 EXHIBIT B j - Gary R.O'Connor PROPOSED BUILDING RELOCATION �9�T, l02 trwn Uwm 3tlad �f for rhe fi—Y0 ru vtsy t5pre:609397:3637.363 / BERTAULT RESIDENCE PROJECT DATA. 95 NAVY STREET,ORIENT;NY 11957 ' ABBREVIATIONS ARCHITECTURAL LEGEND � M rm�� a awa AREA-- 19,905 SQ.FT. 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L O :� to• .`J .. t 7 lo-try�EL>r') R rrr� eM Iw.. •u.. a,.� a ne,uLux.na so' 4yr;,�L. s'1?ff Y'� s sNm`. 12-TREE 1 i _ 4 `5.0' SHEET 114DEX IT Lot Of y t J a BA- TT =N11111 •� i rRAUE v' S'Q5' LOa .: ' a' %sairaa. Kattnti+ v.lN111 q `! N o. -+.e.r.. Tc FINAL MAP q -c.raant: \ REVIEWED BY'ZH SOCi SON 4 c...a �� I w 1r,.-. 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FOUNDATION-TWO REQUIRED COMPUY WITH ALL CODES OF FOR POURED CONCRETE NEW YORK STATE&TOWN CODES 2. ROUGH - r0,IvlI!,IG & PLUI ISING AS REQUIRED AND CONDITIONS OF 3. INSULATION 4. FINAL - CONSTRUCTION MUST SOUMOLDTOWNZBA BE COMPLETE FOR C.O. ® � � ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW TEES YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. I' DO NOT PROCEED WITH ?Q5 SQ. FT OF FRAMING AUNTIL-SURVEY ON bGATON. GL•EL. HAAS(3EWAPPROVED, 4.7' CL.EL• 4.5'• TREET of 11 W IS SINAIL, �IJL-� REMOVE 5" LOCUST "ruffs Sr'•! ' S°LocusS. X h ' RELC• ° 80 E 65. 938N8FE.1 ' =RAGE BLD S T83GKEL.4:�2 °— 1.6 .LOW STREET010-0 zEDm k " RELOCATED 16" HOLLY �J C:: 22 0 16"WILD oQ) EXISTING 44" WILLOWy,Z N CHERR k ` TREE TO REMAIN (8'-22° m �} (N) 16" DRY LAID --20'-I I�" N STONE TREE PROTECTION HOLLY �� �e- ` 2 I C� IN AREA OF FILL`SEE -' I\HOLLY,/ A-3 FOR DETAIL. -s FE,0.2'W. X ui RELOCATED OCCUPANCY OR 1 1/2 STY. � I N89 56 C? ; z y ? F�)F BARN k EL.4 ,9' STOCKADE USE 1S UNLAWFUL WITHOUT CERTIFIC 'E N EL.=8.0' 7'PIN 15"WHITE BIRCH r OF-OCCUPANCY O � RETAIN STORM WATER RUNOFF m PURSUANT TO CHAPTER 236 OF THE TO,,PvN CODE. v 018"EVERGRE �, 12.5' r`- off 'r TREE Lot 12"TREE . . got � -- 0 i41 L _ _l 0 8 TREE EXSITING 11"EVERGREEN 11/2 STY. II I FRAME �N„ EXHIBIT D s.0 Telephone (631)765-1802 Fax (631)76579502 d Town Hall,53095 Route 2S P.O.Box 1179 Southold,New York 1197,1-0959 O �4 SOUTHOLD TOWN LANDUA lPRE'SER ATION COM MSSION RESOLUTION#6.17.14.1 June 18,2014 Certificate of Appropriateness 95 Novy Sfxe.4 Orien4 SCTM#1000-26-1-•12.2 U ip Owner: VinceatBertault RE80LUTIONa WIMREAS, 95 Navy Street,Orient,.NY is on the Town of Southold New York State and National Registers of Historic Places,and Vi'ifl ,REAS, as set forth in Section 56-7(b)of the Town Law (Landmarksof the Town of Southold,alt proposals for materialchange/alteration must be ervation de) reviewed and granted a Certificate ofAppropriateness by the Southold Town Landmarks Preservation Commission prior to the issuance of a Building Permit, and WEMREAAS, an application.-was submitted to relocate an existing accessory barn and an accessory shed on February 28,2014 and , WBE,REAS Commissioners met with the applicant to review the proposed project on April 15, 2014,and WWI REAS, a public hearing for the purpose of considering approval of the proposal was held on June 17,2014,and AS, the proposed relocation of the historic barn and shed,according to the plans submitted,will result in the structures being restored and preserved as is,and WEIER.EAS) the proposed relocation of the barn and shed will afford the applicant the ability to maximize the use of his property while preserving the character of the structures,and 1 , a� W 3EREAS, the relationship between the existing barn structure and the main dwelling was significantly altered when the property was previously subdivided with Southold Town Planning Board approval,and WHET REAS) there are longstanding precedents for relocating such historic structures throughout the Hamlet of Orient and the Town of Southold, and WHERE A.S, the new front yard location of the barn structure(facing Willow Street)is in keeping with other properties in the surrounding area,and 'Utj.HEREAS, the proposed relocation of the barn structure was approved bythe Southold Town Zoning Board of Appeals(#6729)on April 17,2014,and WEE REAS, the applicant has agreed to make a good faith effort to preserve the property's existing trees and shrubs(particularly the holly trees)during the relocation process,and. VT1 MRE,A.S, a letter was submitted to the Landmarks Preservation Commission on July 30, 2014,by Michael Johnson,of Johnson Tree Co.,Orient,outlining how to protect the willow tree adjacent to the proposed location of the barn structure.The letter will be part of the applicant's final building permit application and,it appears that the project requires no further review, NOW TARE'FORE BE IT RESOLVE, that the Southold Town Landmarks Preservation Commission determines that ihe-proposal as outlined in,plans dated October 18, 2013,and amended on January 21,2014,on May 28,.2014,and last amended on June'11,2014,by Gary R. O'Conner, architect,meet the criteria for approval under Section 170-8(A)of the Southold Town Code. BE IT FORT13ER RE,SOLVED,that the Commission approves the request for a Certificate of Appropriateness. MOVER:James Grathwohl,Chairman SECONDER:James Garretson,Commissioner AYES:Surchin,Parker,Feiler, Garretson, Grathwohl NA.XES:Harper ABSTAINED:Webb RESULT•APPROVED Please note that any deviation front the approved plans referenced above may require furlher review front daze enfnrnission. Signe : l' v J'a es F. Drat ohl, Chairman;Landmarks Preservation Commission Date:TDD EXHIBIT E Gary R.Monnor AJRC�ITECT.LIC. shit s Ia i y nirsiic:�",trr, ,,,;,q:^';ei.;;.,,:,,i;a.;.;,•,,:,,;=.� .tr;y:ae:ri y '� ....!..:J !....... ...._....t ._.)_H....J:J J..l..tJ!}...._}:..1.l�.Ll.1..1..}..21J.. .........t}.._n!_.. on y 0011 _ ......+L'r : r°tr t .... :i bt 1 . • . . ; • P1,1111 Is\®0 f 1.17 .IiiIIIII`r i =a ExHIBIT F Condon Engineering, Poco New York State Licensed Professional Engineer 1755 Sigsbee Road 631-298-1986 Mattituck,New York 11952 Fax 631-298-2651 condonengineenng.com March 1.0,2022 Southold Town Zoning Board of Appeals t _ 53095 Main.Road P.O. Box 1179 Southold New York 11971-0059 Re:Stop Woek Order Appeal No.7580 Property owned by Vincent Bertauit 95 Navy Street Orient New York 19957 SCTM#1000-26-1-12.2 To whom it may concern: 1 was retained by the owner of the above referenced property to design the sewage disposal system,site drainage and retaining walls for the property. As requested, l delivered four-(4)sets of grading&drainage plans which included the retaining Wall layout and design to the Town of Southold Building Department with a cover letter addressed to John Jarsky, Senior Building Inspector on or just after December 14, 2020. Due to COV1D,the plans were left in a plastic container outside of the Town Hall Annex which was labeled building department. The plans were.signed and stamped by me and had been reviewed and approved by Damon Rallis. Please call me if you have any questions. Yours tr , til& c� �pSEPR ate n . Condon, P.E. �• en r BARBARA I+I..TAS `',13r Notary Public,State Of New York '��,C ESS`, No: 01 TA6086001 —' Quellfled In Suffolk Courdy Commission Expires 0,1/.13120 G9 r Fuentes, Kim From: Eric Bressler <ebressler@wbglawyers.com> Sent: Wednesday, March 16, 2022 11:44 AM To: Fuentes, Kim; Sakarellos, Elizabeth Cc: vbertault@yahoo.com; Gary O'Connor Subject: Bertault Appeal No. 7580 l Attachments: ZBA 3-16-2022.pdf Kim: Please see attached letter from Eric Bressler to supplement his letter of March 15, 2022. We will deliver 5 copies of this to the ZBA today.Also, as discussed yesterday,we are delivering to the ZBA full size copies of the signed and stamped site plan A-1,the site plan approved by the Building Department(Exhibit C), and site plan A-3 (Exhibit E). Please advise is anything further is needed. Regards, Cheryl Simons ( � paralegal Eric J. Bressler, Esq. MAR 16 2022 Wickham, Bressler&Geasa, P.C. ZOMI G%)ARDOfAPPEALS 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631298-8353 631298-8565 (Fax) ebressler@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination,forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender at 631-298-8353. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ebressler@wbglawyers.com March 16, 2022 Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street, Orient,New York SCTM# 1000-26-1-12.2 Ladies and Gentlemen: We are the attorneys for Vincent Bertault and write in furtherance of our letter of March 15, 2022, ("Letter"), specifically concerning Exhibit B attached thereto. Exhibit B to the Letter consists of a site plan sheet A-1 dated October 18, 2013, previously submitted to the ZBA as a part of the prior approval under Appeal No. 6729. The site plan dimensions were modified by the Board at the hearing of April 17, 2014 to increase the set- back distance to 25 feet and the barn height to 8 feet. A copy of the letter of Gary O'Connor AIA dated March 13, 2014 reflecting these changes is annexed as Exhibit A. Based upon that determination by the Board,the site plan was revised to reflect the Board's recommendations of increasing the set-back distance to 25 feet and the required barn height to 8 feet. We therefor enclose the revised site-plan dated October 18, 2013 and updated to show the changes to supplement Exhibit B submitted March 15, 2022. Thank you for your consideration in this matter. Very trul yours, Eric J. Bressler EJB/cs cc— Vincent Bertault EXHIBIT A Gary R. O'Connor-Architect,LLc 8 Coryell Street, Lambertville,New Jersey 08530,609-397-3635 March 13,2014 FD_1- L MAP IEWED BY ZB Zoning Board of Appeals Town of Southold DECISION # , Town Hall Annex / _L7 53095 Main Road Southold,NY 11971 ' Re: 46729 -Bertault Residence Accessory Building Relocation (VIA EMAIL and US MAIL) Dear Chairperson Weisman and Board, Mr. Bertault and I have received and reviewed testimony (pages 26-32 of 33) from the J. and J.Woodhouse#5218 Sub-Division hearing as forwarded from the office of Patricia C.Moore. _-_---==-- We-respectfullyfail-to-see-the-relevance-of this testimony-as_it-_pertains_to:.our-particular case:..______..-_.:..... We understand there is concern for the well-being of all existing structures on this property. As per the testimony at the hearing, Mr.Bertault shared his vision of restoring the barn to its original integrity and character. It is not uncommon in preservation history for older structures to be repurposed and/or relocated. As such, you can see on the website of The Oyster Point Historical Society, the stories of several buildings which have been relocated for variousreasons over the years. In reference to Ms. Moore's letter of March 5,2014,we would like to comment as follows: 1. Comment: Setback variance from a"front yard"which requires a minimum of 35' when 20' is requested. Response: It was reviewed during the hearing that the survey indicates an average setback of buildings along Willow Street to be 4.1' where we provide 20' which we believe to be a reasonable distance given the location of similar structures in the neighborhood. 2. Comment: Accessory Building Exceeds maximum size permitted of 660 S.F. and exceeds 18' in height. The barn is 850 S.F. and the height is not provided. Response: The barn is a pre-existing non-conforming structure. The height of the building appears in two locations. On Drawing A-1, under Zoning Computations the Existing and proposed height is indicated. Additionally, on Drawing A-3 the height is indicated on the Building Elevations. 3. Comment: The Flood Zone may affect the height of the existing structure. The Flood Zone is AE 6 which requires the finished flood elevation to be a minimum of 8'. It is not clear what the owner intends to do with the relocated structure and at what height the foundation will be built. Zoning Board of Appeals l� March 13, 2014 Page 2 of 2 Response: As discussed during the hearing,the barn shall be used to house a vehicle and maritime equipment. The proposed finish floor elevation is 7' where it is presently b.l'. While 7' conforms to FEMA regulations, it does not conform to local regulation requiring (2)foot of freeboard. It is my understanding following a conversation this week with Mr. Michael Verity of the Building Department that a 7' floor elevation would be permissible provided the building wails received flood vents. Mr. Bertault prefers not to have flood vents on the barn walls and would prefer to amend the proposed finish floor elevation to 8'. In doing so, we also propose the adjustment of the street line setback to be a more favorable 25' in lieu of 20' originally submitted. The adjusted barn height will be 18'-9" above finish grade to the ridge for the elevation facing Willow Street.The top plate of the barn side wall is an average 13.9' from grade as grade varies from east to west. In closing, I would Iike to reiterate that the rational to relocate the barn resides with the Owner's stated goal of restoring the barn, eliminating vehicular traffic adjacent to the house/across the septic system and for the simple pleasure of creating quality open space ---- -- ----------- im the,center of theproperty-for-gardeningand-the Owners en'o We trust the Board finds this request for relief to be just and reasonable. Sincerely, Gary R. O'Connor, AIA Architect Cc: File Mr. Vincent Bertault, Homeowner FINAL MAP REVIEWED BY ZB SEE DEC ION # DATED 1,, EXHIBIT B Supplement to Exhibit B To Letter Dated March 15 , 2022 Gary R. O'Connor., PROFOHD BUILDING RELOCATION -'&cd 'llyF:*Vit! for the Paine.609.397.30. L BERTAULT RESIDENCE FROJECTDArA rAxvuo:lawzca,•1zz IDIr 2(1rnrRsvS 95 NAVY STREET, ORIENT, NY 11957 0(= N4YP fCID PlSmtgAW'OlRS mm 19.2CG5 AS ru x0.11245. ADOR799: 95 NAW 5n= ABBREVIATIONS ARCHITECiURAL LEGEND a OWO.WI1957 AREA= 19,905 SQ.FT. LLEL a mA 051gC.*Q.10}O-An U7x0eA50YM 0WNGWAx TO RbrAM 4.7' Srm4l now nVAN ZONE C�.�- ST REST •MA W.3614�C006Gr•7LSZOW. Urd+ lyl n f' I(J(al N[N wNl CLS" IDGRD03000a uc R0001WAC12P2 A.B. ",�, F&D ;� �` '/� m "'w""°""°� T�VILLOW �A �p L fIQ'9DAS5TNVANI!µWAMMNS Aeynude n. AIR 'RT w U ` S10.uCMtS HG W9roi45"a DY,I1L'G vmm 15RM5m1.1Wro �L ?-- me oucxusrar<Ylae oasmc rta55aG I s stun .." 5 65.93' s}Dcu r x tls2' oancAlc,a•Nna.r r9Nc(vRVAro,sToxrrwAeseD. 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Boo ® N j.TA 5,y 8• USI Nf I It ill .� 1� 1 NOR 50t nlx RRlgVRA1t9 WIA AIrNaJ Ls) 14L415AVERPARD SIS IIIIL Snert,RDP.LT WIA.SIRnAV n .KIDfr451-R.RVOLYG.C.C. �. 1230 TRAVODiSiRR rt cw+c,o. '-� SWIx01D,H.Y.11971 OAIID D[IDA7eR 12.2012 5US v>d.. A-1 SfTE PIANSCAm IIIC-I'-0' L- 1 Gar P\,,. 0"'Conno r ARCHITECT LLC, W '02 Noah' 11110 54 bmberfville, NJ 06530 .. LIC ` a. for the PiI� i . 0 .3 ,3� E3 E A'ULT P\E51 D E N C E PROJECT'DATA TAX MAP ID 1000-26-0 1- NAVY NY' 11951 .2 LOT .:2 LOT4 REFERS 5 5TREET, O �C?SU�DIVr51©N MAP"FILED IN'5U>"!"QI.K'CC3, GLER�'5A OFFICE APRIL 19, 2005 A5;PILE NO, I,1245, ADDRE55: 95 NAVY5TREET A M35R VIATION5 ARCHITECTURAL LEGEND � ORI PNTl ANY 11957" REA - 1 9I� 9 05 -_ ZQNING,DISTRICT R-4O, RE5IDENT(AL LaW,DEN5'TYAA SPECIAL FLOOD HAZARD�Oi E. fxiSTING WALL:T© REMAIN . , . FP\OF05ED DUILDING P\ELO -C- ATION RT CL•EL PROPER7Y.LOCATED ENTIRELY I(� AEG FLOOD r1AZARD'ZONE* , F MaCa ember H. c f ria ch 'NEW WALL r FROM 1"IRM °N Aedlcine Cabinet F etected) (ive�(or} 4. ' . .. 0..;3G 03CQ065t1 5J25I20fl5. R #qht nand _____ ___ EXISTING WALL TO REMOVED � s s�M)i��� +�R �QtJAL T© MCRIPTION'OF.,,USE: EXi5TING PRINCIPAL SUILDfNG 15 A A.D. Anchor Solt F, Fahrenheit Mechanic (al) - -�----------- F, :Oa Furni hed b �E edium 0 AC Acoustic F3 y ORASSPAVE2 8Y INVISIBLE _ , AG fsp attic Concrete Otters ME B. embrane o ning 5 , 5TC`iRl`FRAME:DWEu:INGJUiTH: 1 STORY"ADDITiOfi�s`TC? STRUCTURES, INC O # a THE ORIGINAL STRUCTURE. i5TiNG ACC5501zY :I :5'S1"+ RY Air 8ondittioninq FBRK, Firebrick eta ? --- DATUM LINE A Area Dram F.D. Floor Drian V I , anu cturer L a n at r oder R emove Replace AbJ. Adjustable FD foundation 1. an hole p - PROPERII'L(NE . . R. Ag re ate f. : ire Extra uisher Na. minium 2 M � - � ��� M r1ER� F S"LC}CU T. z r - L,;5. RELOCATE. r18'" HgLLY , DA AND I"5TC)RY FRA E°5 3,0 E Ffl. fiber las IR. error. 5 x65 A Alternate Na Fire Nese MI C, i5cellaneous CENTER LINE -- -'- i FE.1.8`s' 8c 'PRC)PC75E7; THE ACCE553RY;BARN AND 5NED;15 PRQPC)SED ouldi A:R, u 1 Air Re i5ter - AP Am re fire Head Metalp g ���, ► AN 7. AngAiized ovab e , o Id ore ;• .6 TO' REPOSITIONED.ON THE,NVERTY A5 SHOWN:FOR a. Screw Al a Aron F,H.W.S.FIa Bead Wood MRBa arble eat ver Dispenser DIMENSION TO FACE Of 4:�"' . AVERAGE BLDG l a ��, VEHICULAR ENTRY FROM tVIE I:OINTRFE1 r AP ROX.A roximate MT, aunt (ed) U; the u� :5TRUCTURE _ -_- ARCH. A rtect FI Fi h ed MTL. a�erial Green . r rrn Dram QN %LLQW STREET z 'ORM.Ah It I , . fixed MU ulll,o rk CT, tc ' th mREL(?CATE t 6 HbLL l`r> oc. far TeStmgL: Icor MW iI wo ,► w (� �"'� j'"' """� TATION5 eClt helves �} WORK POINT DATUM "' a 6 "WILLi ^ .. �G- � # V G �✓OM PU Materials e POINT]/CONROL POINT �, f 5ria Flashin ore d) (m cn CH AUTO. Automatic �OR luoresc nt set A.F,F, Above Finished Floor ncre e EXISTING 44 WILLOW �� rn � � , � : ,REC�UIRFD �X15�'ING� ,PRaPC)SED , <C, ace o o t Vii. eathhin DOOR 5Y .50L II �1 , A.T:C, Above top of F. Ma Face 0: Masonry N L< ylig int� (D TREE TO ,REMAIN Concrete .5 ace o l Stud idiil ..201-J- 111.2 B u�I. ace cf Wail N Orth M. imilai (N)96" DRY 'LAiD iia.i•Y! 9:� �a LOT`REC�UrREMENTS: � N ew STONE 'TREE = � MIN. LOT AREA "40 000, S.F., I.9 9a-5. S:F NO CHANGE 3oard �' . ireProoflace } .N.D. a star Na km � WINDOW SYMBOL � • ;� , 3 ,. gp AT �eturaI - _:- y BETa 3etween FP F. -ire i5 n e PROTECTION iN BITa I3it ramous F. ulI Size oLC. Not in.Contract SaN.Ra 5a itpr Ja kin 1� AREA OF FILL 0i RELOCATED FE.0,2:W. 3 1 J MIN. Lt T:WiDTti 150 103.57 IC CHANGE B.L. I3uidin Line o0t .5, laminal cptae KEYNOTE SYMBOL 1 . jz 'STY .., ' �' x. MON.C).2'N BLDG. J�ilc in �, ootin of to Scale T Bala t 1,ac R. Furrin pound roof (Ing) -- FRAME BARN g (N) FaFI R.' L: ,'9` E.1.;5'iN. 0:4'E, BB R B G. Bloc in FBTa Future pace KAL? F . PRINCIPAL BUILDING MINIMUM YARD/1-1T. REQUIREMENTS: B. Bench gMark FR. DR, Fire Door O cap is en5er 3 EL-=6.a' IN STOC: E n © 15 .WHITE ,► L,C.6' B a a 3at�om �vA PC i Ica ion �,�.5ELEVATIC)N REFERENCE � " ver : eak r rn BIRCH pp REQUIRED EXISTING PROPE}5ED r 8verall ecia ' 10 FE.C) L. 2O"TREE'" BR . Sea Ing B, bs urs ua e FRONT YARD 50 r :I NO CHANGE B rick G gain e5s 5 ser �'` G ro ze C. nentr 3 51DE YARD!.MIN. r 5I`G:6' NC) CHANGE­ 3. A.t des Aa au e D. ut5ide iometer ervice Sin RETAII,ELEVATION REFERENCE �' 11 TQTA1,51C3E YARDS 35` 54<9 I' NC) CHANGE. :F< 3 �Y�F R. ALa allcn :faG.Ia wrier Furnished/ tr et:T.C. W O� B• rab B r ontractor Installed Aa tarion ~ �' " CONCRETE C. enera COiitractor FF. pace D. tan and '' ' REARYAR£ 50` 17;67` NC? Ctfi,NGF C alvanized iron H, Overhead tee 1Cl"TRE MAXr-ILIGHT .35 l"I'a/ 2.:'5 QTY. X3:33'%2 STY NQ'CHANGE- a t AN:9�vvaal cad Metal crews •. taror�e SECTION REFERENCE ;, ry KT, lass qv d Woad crew UCT. tructiir (. s-'s MIN> LIVABLE FLOOR AREA 18..EVERGREENAB, 1;abin rade J, enb Jo�St U a �u5 ended 650 5F' 15�r G 5F NO HANGE ,B. ixatch�a5in rout p O a ue yrr metrical r , " EM. ixement R ravel PNC, penin Ynthetic r 2 6 20-C) n;., ° MAX`COVERAGE 20% 111 v I2% ,NO`.C:HANGF E . i�eraml RNM sum PP, C3 o5ie Y : , ystem 12:5 i, U F1 a pubiceet avanized Sheet pp youthDETAIL REFEPENCE . :50 TREE8 TREEACCE55OkY BUILDING MINIMUM YARPIHT�REQUiRWENT5mounter FlaShinGJMetal - . Lot :SHED i ! a5t iron P T . _Ki +�osetg H PAR. Parallel read !r T . ,, m ' y REQUIRED C15TrNG PRC)PC)5ED PA Ta Partition Ton e Groove 12"TREE ear n ONY bar 3 PHOTO REFRENCE _. X Hose Bi b PAV. Pav (ed) (in ) (ement) > R. counter : ', ollow ore re-cast C� o ofurb Out ncreteee hone Loi C �-. w_.: X3.92 15,'2t pp MIN, SIDE YARD 2C)' , ,,.[can D. ea P. `. a ounds per Cubic em eyed i `� MIN REAR;'YARD 2C) , °NA NO CHANGE Column Ra ewer Foot EXlST(NG TREE TO BE c► „" „ , i+Ca concrete IiVIO ei m Stat �,00. 0.7 I ; 4. fi NC + ontinous W ardware PE la Perimeter Ick r 5s} I` ,- / REMOVED DR RELOCATED ;, E fS1TING TREES ,,,, MAX HEIGHT 22' 18,7571,.5 5T`l` ,'r 5:7571 .5:STY �IDWD. ardwood PEM. Permanent r ;, B TREE t uction 5H. re5ho d 11 E RGREEN j ,� F MAX. AREA 660 5F 10 351" NO,,CHA : E S . ons r N allow Metal PRE-FAB re-fabricate (d) T . ontract L, olera�i e i�/z STY. I i 0.5 X0.0 F 7 G o er . IT.- Rprirontal P.L.F. aot per Lineal o ave ent . our R FRAME } o r d Porch :,.G. p �pp o e a er 15 en5er . BARN , � T. arm eightPaarkinGla55 TN: diet atition I' , 5v ~ci 5 T, a5ement TG, eating late 9 ran5 , 1 5 zEff .,D ounter5unk VAG ar i n e loin ion T00 p feel SLR. L.6.'. G��d o P LAMa Plastic Laminate :. �: � t �. V. ` move g P 5ala5tcr e(eul ion POROUS cc NC. POROUS FILL/GRAVE 'M POND - �.2.!s SHEET DESCRIPTION {gold Water I L: ane�od opt o Wall ~- ._, _ _ x� ��= • �� k tJ. cal YD. �.ubic Yard PT. omt ; 24" CEDAR, A-�1 TITLE.,511FET', PROJECT DATA, D Inside Diameter Pa P, ondero5a Pine U II A. Double Actor Inch R. Pair 0.4 ` ; rn ZONING COMWTATION5r NTE FLAN g N5a n5ulation FINa re-fin5hed C; ' niform Building Code - -~- G C VdA .L BBL Double INT: . nterior J. roJect n er _; "uy ON D emolish TM. Intermediate C. pre-stressed ConcreteI� nni5hed EARTH corGi1=T ��oc+ . �, cn A=.. �ta epartmentV, Invert F, Pounds per 5 uare JR. rinaf 2Oi✓AT1oN {PHOTO MAP D�Ta )c aftp �,v, v 1 D.P. Dau 1a5 Fir, Foot r Square �' " rrnkgin Fountain P.S.I< Ponds pe q V G 4' ,50'. FRONT "YARD :.SET 8 � A-3 PLANS ?�1 LEVATION5 AG. iagOni J PT Paint ( d) Va Volt 1N 4". . :E M. imension J. Joist P.f.D. Pa -r(Mc Di5 en5er } VA Vacuum 9 WELL, DI P. isp0sal JAN. Janitor P,T.Da/R , r Towel Dis enserl , `'`) sad Load V arms, FckGiD INsut-,. ReiJt �tiot�D ` Q UT{L;ROC� 3' 1 D own JT. Joint ece facie V Vapor arr�er Pj, . Paper Tpo el Rece facie V�T Vertica ! DPam rocfln p 1 0. ' PR. Dam r g P.Va a Poly-VIny�Chloridl VE T. Ve5tlbufe _ ' t� .2 - Ra �00 K Q tV/"'r Vertical Grain Y `� D5, ownyout K. Ki l000lb. V Vei r - S DWa umbvr�aiter Q,T. Quarry Tile Brwe"r, KIT. K c en rY V, a Vmyf Tile BLOCKING E>w>=vA tlp�t-sxol�ll '` x 13"TREE oGtl I�14 M PtROWNMREQU5T.,MLLOW'TREETOFAIN. aFit'. Kick late 5.7' ' iv Gckout 05/28114 `DS . MOt7II IED PER 80 7 Or ADJUSTMENT APPROVAL, p R W 14.4 SEF'T1 l E 19 SPRUCE STORY 0 i 01/21/14 DM INCWDF MOTO LOCATION5 L Riser, thus W Wh it FRAME `P ON 'N WY� 'STREET ast �.A.G. Return Air Grill R 1ST E istm B. Ru er BaseB. Wood Sec' E '-, X7.3 AVERAGE BQG. SETBACK No. PATI! ICY Dc; PTiON . .. EA '( each g en th �.T RZer Tile W C, Water Roset x L,-B.5} " FE,OA. �b. 0ratory WE, Wood GLASS STt NE C�' S F.FLR - REVI5100 E. Ex ansion BoI M, urinate C.F. Reinforced Conrete UVINa Window 1 SEB :N.5a ,ext. Ins, Fin. tern V, atory Pie W.Ga Wire Glass 2B' CO y-3 ; .. ,, . . .. . 19"TREE J. �x an5ion Joint a Mand R,D. goo Drain W H W ter eater POR 22 TREE MIS T!-E RE5PON511311.CCY.Or THE C01ilTR aOR Ca lTI tic (al) R.D.F. e e.55ed Drinkin --� K�a ocker � g WFI.E. Wl�ieel �u� er � ' 6 - I"levati0n ountain "" c�4 "` - .. � TO v�rMAu. 17�coNDmONS ANCA oN : iv Load D edwood W. Wrou ht irin rn _mer ency , it R W a . Wir Mesh E. 9 . ' EL•5, COMPARE'THEM WiTf i THE CON5TRilcrl E AIa. �naml q REI F, eiforce (d) (mg) W Witiou PICKET F I V i1v r DOCUt� NTS R GOMM1 NC(Nti RC1IVmEs, NCC rnclo5ure Reference FjN WOOD: BRICK ELEvAMN � ERROR5,bMM155iON50RANY0TtiER Gk. �_n meer B bele EER. Refri erator W ' Water 5to frog ' 5 a ' ' °' `"' " `8'�,. rlectrical Panel - sr � : INCON5I5TEi�HC1�5,D15COV�DaHAII , _ c G. Re iter W GTa Wain cot p EL,4•. a , / ' 8 1 8 , IMMm1ATu�Y 1 Ioi�Tp Toni Acltirrt; F ual M M. Rerove Weiit [JIP. ���ui meat RE 'Da quired W.TO Wallgto Wall �'� �'�� � �' � 5 . rs'ti�nate Asa Masonry e5il+ent W.Wv Welded Wire Mesh 6 C PROJECT NAME ^xcavate AXa aximum Return EET :5.4 PKOP05ED BUILDING RELOCATION ,:x 05C achine Bolt V. Revi e (Ion) Y rior :BAR. Moisture Barrier R.F.G. Room BATT 1Nsu1-. , EXTRa rude g YD, Yard OL.EL for R BRTAULT RESIDENCE , . A 4,8' .95 N VY;STREET Tl. ORIENT, NY 1 .1957 VV 'NOTE:, DRAWN0 TITLE 51TE PLAN INCORPORATES DATA TITLE:5riEET,PROJECT DATA 51TE FLAN PIrYwc�c�p ;I~ROM':SURt/EYpREPARED BY: . ;RECONIC 5UKV1fybR5; P.C. 1230TRAVELER.5T� aATe. to/tett DRAWN NO., -- '' :SC�UTr�OLD$�N.Y..J 1971 1.241 'DATED DECEMBER 12, 201'2 SOB M"D• A- 1DRAWN J75 .5ITE PLAN 5CALE: 1/I 6� = 1�-t7 r vi r coiv5�rORIO Ot�Ec: s. f r'. �yS/' l/J �-VG./ - °�-Y� / tea` - - ' • ,� - � - PROVED AS �OTED Gary R. 0,Connor ti�co - A� olc '��e* DATE:9 , -, Iq B.P.# �g62�i QJ ARCHITECT ' _ NOTIFY BUILDING DEPARTMENT AT 765-1802 8 AM TO 4 PM FOR THE -`- .�l -` ry Street �,, .. Co ell •` FOLLOWING INSPECTIONS: -_ �' : '� 554 1. FOUNDATION - TWO REQUIRED Lambertville, NJ 08530 for the '' Phone: 609.397.3635 COMPLY WITH ALL CODES OF FOR POURED CONCRETE NEW YORK STATE & TOWN CODES 2. ROUGH - FRAMING & PLUMBING j �10Z 1 des P\ELOCATION 4 ° AS REQUIRED AND CONDITIONS OF 3. INSULATION . 4. FINAL - CONSTRUCTION MUST � PBOJQCT DATA P\E51DENCE ✓ SOUTHOIDTOWNZBA BE COMPLETE FOR C.O. CJ L1�� � - _ �- � � ALL CONSTRUCTION SHALL MEET THE - - TAX MAP ID: 1000-26-01-12.2 LOT# 2 ( LOT# REFERS NAVY REQUIREMENTS OF THE CODES OF NEW 95 STREET, ORIENT, NY" I 1957 t� 4WJUSTEES YORK STATE. NOT RESPONSIBLE FOR TO SUBDIVI510N MAP FILED IN SUFFOLK CO. CLERK'S DESIGN OR CONSTRUCTION ERRORS. ! OFFICE 1 LtPG C ,f1(�.p�0C117�!'L APRIL 19, 2005 A5 FILE NO. 11245. ADDRESS: 95 NAVY STREET ABBREVIATION5 ARCHITECTURAL LEGENDFRAMING UNTIL DO NOTPRocEEDWCtH ORIENT, NY 11957 ��A=` C , C� ,�Q, �1 > OF FOUN AT ON LOCATION OL EL -� ZONING DISTRICT : R-40, RESIDENTIAL LOW DENSITY AA EXI5TI ;-�. HAS BEENAPPR 4.7 = 5PECIAL FLOOD HAZARD ZONE: i NG WALL TO REMAIN �,,•;:,, , . OUED,.....;�; NEW WALL R L. PROPERTY LOCATED ENTIRELY IN AEG FLOOD HAZARD ZONE F - M.C. Member F H. Rc�f ha ch .:.::.:.:.::..•::...::..:.::. ._: :.:..:.�.,::..::.::. _...._.. j FROM FIRM. No. 36103C0068H 9/25/2009. ...........:. MMgg Medicine Cabinet F r,�lect ed) Ove) (or) 4.5 ET A.B. Anchor Bolt F. Fhrenheit MEC . Mechanic (al) fi: (-ht Hand I _________= EXISTING WALL TO REMOVED f I S!�ILAIR OR EQUAL TO DESCRIPTION OF U5E: EXISTING PRINCIPAL BUILDING I5 A AC Acoustic F.B.O. Finished b MS TR ED. Medium )h Brno A. As haltic Concrete Others y NIEMB. Membrane s o g REMOVE 5" LOCUST i%;S�-AVE2 BY INVISIBLE TWO STORY FRAME DWELLING WITH I STORY ADDITIONS TO A/C Air�l,ondittionmg FBRK. frebrlck MET. Metal �� h� of �11a --- DATUM LINE S T1,.. . JRES, INC. A.D. Area Drain F.D. Poor Drian MFR. Manufacturer L. Wat r Leader THE ORIGINAL STRUCTURE. EXISTING ACCESSORY 1 .5 STORY i ADJ. Adjustable FDN. hundation MH. Manhole R R move Replace FRAME BARN AND ! STORY FRAME SHED. AGGR. A regate -- -- PROPERTY LINE g F fre Extin w5her MIN, Minimum 5"LOCUST EL. RELOCATED 18" HOLLY AL. Alu iinum F L. fbergla5� MIR. Mirror 5 - 6 Jr. g 3 - -X ' ALT. Alternate y MISC. Miscellaneous ° 3(� E -X, AM . Am ere F;f�:M.S.fa head Metal MLD. Moulding A.R. apply Air Register - - CENTER LINE N 8 5 2 8 X--X \ FE,1.8 S. �k PROPOSED: THE ACCESSORY BARN AND SHED IS PROPOSED _ AppN D. An�drzed MOV Movable lid ore D rte• 1.6 TO BE REPOSITIONED ON THE PROPERTY AS SHOWN FOR APPROX.A r rox�mate F.H.W.S,flat he d Wood . MRB. Marble ed D�j �hedu�eer Dispenser 5'A" DIMENSION TO FACE OF 4.1' AVERAGE BLDG. S T EL.4.'2 -�o z Mount ( ) CC STRUCTURE VEHICULAR ENTRY FROM WILLOW STREET. ARCH. Architect Screw MTL. Material C ,seen z m ^ ON WILLOW STREET ASPPH. As halt FIN. finish (ed) MUL Muillon :.orm Drain i RELOCATED 16" HOLLY N A.S.T.M.Arr Soc. for Testing FL floor MWf\. Millwork CT. �ct�ion WORK POINT/ DATUM I N C 22 0 16"WILD ZONING COMPUTATION5 Materials ielr (5helve5 POINT/CONTROL POINT I - AUTO. Automatic FLASH. f'ashing Q yore (d) (Ing EXISTING 44" WILLOW y 0 En CHERR FL OR. fluorescent I feet - TREE TO REMAIN I A.F.F. Above Finished Floor F. C. Face of Concrete h �� IS-2- �, REQUIRED EXISTING PROPOSED A.T.C. Above top of F. .M. Face of Mason N Tf4. peat ing 1 DOOR SYMBOL 2 201-11 !„ d' Concrete ynght (N) 16 DRY LAID 2 N B F. S. Face of Stud Idi STONE TREE PRO CTION HOLLY , �e• ` ? 'L � ace N North c{ TE (/� LOT REQUIREMENTS: BD. Board FPL.W Fre lace all NT. New M. unllar A IN AREA OF FILL. 'SEE HOLLY I MIN. LOT AREA 40,000. 5.F. 19,905. S.F. NO CHANGE BET. Between p Natural .N.D. .,�nitary Na kin O WINDOW SYMBOL A-3 FOR DETAIL � '? FE.0.2 W. x MIN. LOT WIDTH 150 103.57 NO CHANGE FPRF. Fre roofDi en5e N BIT. Bituminous F.S. Full p5ize N.I.C. Not in Contract S.N.R. S�mt Na kin RELOCATED , . „ , FT, foot Recpta le Is KEYNOTE 5YMBOL OCCUPANCY O� • y B.L. Buildin Line NOM. Nominal '� B DG. Buildin FTG. footing N.T.S. Not to Scale NT `calantp O h,._ � FRAME BARN N 8 g 5 6 '�� E 54. 53 MON.0.2 N B�K. Block FUR. Furring �ound roof (ing) USE �S UNL s Z x ' STOCKADE FE. E.1.5'N. 0.4'E. BLKG. Blockin N F.FLR. EL.4.9 PRINCIPAL BUILDING MINIMUM YARD/HT. REQUIREMENTS: g - FUT. Future � i B.M. Bench Mark FR. DR. Fire Door 0 `�Uap, l en5er 3 A ru c_n EL,=8.0' r AS WITHOUT CERTIFIC&E 71 PIN 15"WHITE BM Beam C ^eci ica ion ELEVATION REFERENCE a o " BOT. Bottom 0/ ver R: beaker :�' rn BIRCH 10 TR I L.6.6' OF 20"TREE REQUIRED EXISTING PROPOSED BRG. Bearing A verall Iecial OCCUPANCY Q -< FE.O/L. , BRK. Brick G B. bs ure rluare v I FRONT YARD 50 1 . 11 NO CHANGE B Bronz C. n Center lainle55 Steel N SIDE YARD MIN. 15' I G.6' NO CHANGE B Bot ides GA. Gau e D. ut51de Diameter K ervice Sink ® DETAIL ELEVATION REFERENCE C� ~%' i B.F.F. BELL FI . F R. GAL. Gall6n O.F.C.I. Owner Furnished/ �ireet NOF '' -p TOTAL 51DE YARDS 35' 54.91' NO CHANGE B.T.C. BEL�W T�P �I B. Grab Bar Contractor Installed TA. ,!anon RETAIN STORM WATER RU w 0 o ' C. General Contractor FF. ffice T z2+an and CHAPTER 236 �`' I REAR YARD 50' 157.67' NO CHANGE CONCRETE G . .. . _ _ C I. Galvanized Iron SH. verhead T . lee , PURSUANT TO ICT. asket O.H.M. val Head Metal Screws T lora e ' -P MAX HEIGHT 35 PT./ 2.5 5TY. 23.33%2 STY. NO CHANGE I SECTION REFERENCE OF TFic TO1��uN CODE. y � 10 TRE n c - MIN. LIVABLE FLOOR AREA CAB. Cabinet L. lass .H.W. Oval head Wood Screw UCT.��fr ctfrdal s-� _ - O18 EVERGREE. N C.B. Catch Ba5►n R. rade ggpen Web Joist Y `;rr�metrical - C)o''. 850 5F 151 G 5F NO CHANGE RT. rout S.J.P. a ue n CfM. Cement p ,nthetic _ .�_ _ 12-G 20-0 _-_. n MAX COVERAGE 20% 1 1 . 1'2% NO CHANGE V.L. ravel PNG. ern .. I R.� eramic o opp YS. zast m _ .. _ ubic Feet Y '� �._�usaUzed hetet SPP. OppoSigte `�i)ut� `�'--� 1 DETAIL REFERENCE -- _. a _ 5 •► C•,' TREE ??_.5 �,�`. J 8 "IKEE ,A t ` ounter_-fla5mn ni Yom: =-�`= _ , �-,�.. - �. _ I _ _ , I. ast Iron 9�"" Metal - .: . e._ `` _ - _- _ -• r. __.- -: .. r- ,V . -� -, �. : _ _ _. : - _ ACCESSORY 1BUILDING MINIMUM YARD/HT. REQU,RcMENT5: - L O, ,;.� SHED G. Bilin - CL. 105Ct H PAR. Parallel T ,�,ad '•-,' o T�-� REQUIRED EXISTING PROPOSED, T Tan e Groove k - k - o PART. Partition ow' �'B r I PHOTO REFRENCE �. 12 TREE , L . leas /� - � 5.0 H.B. Hose Bibb PAV. Pav (ed) (In ) Cement) OR lean Out H.C. Hollow Core P. . Pre-cast Cdgncrete E : _ ��e he �"� MIN. SIDE YARD 20' 33.92' 151, 201 MIN. REAR YARD 20' NA NO CHANGE CC ,, �N`T, olumn HD. Bad P.C: . Pounds per Cubic • �m eyed LOt • 4oO - 4 6 C. DR. Header Foot �MOi e mostatEXISTING :. �.Eoncrete 10.7 /ontinous Hardware PERI. Perimeter Tick (Hess) / REMOVED OR RELOCATED 8"TREE EXSITING �' TREES MAX HEIGHT 22' 18.75'/1 .5 5TY 19.75Y1 .5 5TY HDWD. Hardwood PERM. 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Recessed Drinking i 00 LICK. Locker 9 WH.�. heel �-y ELEV. Elevation L. ive Load Fountain W, • Frrou ht Irbn 126 . 23 ® TO VERIFY ALL FIELD CONDITIONS AND EME Emereiency T� Light RDWD. Redwood W. , . Wire gNie5h FE. -------- EL 5 9' COMPARE THEMWITH me coNSTRucrloN R ENAM. Enam6l VR. Louver REINF. Reiforce (d) (ing) W Wthout PICKET DOCUMENT5 BEFORE COMMENCING ACTIVITIE5, EEk. Enclosure IBL. Labe! REF. Reference tN. ��/iter Proofrn FIN WOOD BRICK ELEVATION 1 10 ERROR5,OMM15510N5 OR ANY OTHER Engineer REFR. Refrl erator W. Water Stop g EL.4.6 Q ' " W 8 J`• 7 E.p Electrical Panel REG. Re inter W �T. �ain, cot _ VU S86 °1820 IMMEDIATELY E REPORTED TODTHE ARCHITECT. ual M REM. Remove W ei sht qlul ment REQ'D. Required W.f.W WalltoWall S 8 2 q ES�. E5timate MAS. Masonry RES. Re51llent W.W R Welded Wire Mesh 7 86 CL.EL PROJECT NAME Ex . Excavate MAX. Maximum RET. Return 5.4 PROPOSED BUILDING RELOCATION P. Exposed M.B. Machine Bolt REV. Revi e (ion) Y i EXT. Exterior MBAR. Moisture Barrier R.F.G. Room i BATTINSUL CL EL, for . BERTAULT RESIDENCE 4.8, 95 NAVY STREET TREFT EXTR, Extruded YD. Yard - � • VY ORIENT, NY 11957 NA NOTE: 51TE PLAN INCORPORATES DATA DRAWING TW PLYWOOD l FROM SURVEY PREPARED BY: TITLE SHEET, PROJECT DATA + SITE PLAN PECONIC SURVEYORS, P.C. 1230 TRAVELER 5TREET DATE 09.04.14 DRAWING NO. SOUTHOLD, N.Y. l 1971 DATED DECEMBER 12, 2012 JOB NO. 1241 SCALE: AS SHOWN PF\0F05ED 13UILDING ` DRAWN 05 A- i r 8Y: RELEA5ED TO 51TE PLAN SCALE: I G" = 1'-0° REVIEWED CON5TRUCTION j BY: GRO'C Now z' Gtry Ri 0 Connor REAR ROOF 17`-! 1 j WHITECT; LLG; 1,02 Na 'n.5trect Unfo F .q "q£ F Fy �LambertVif Ie, X1,1 '0853t? 0 . . . I I t I L t 3 6 �Phdne:• TOP PLATE 12'=Q i ►E} CHEATER 1 111111 111111 1111 It 111111 111! 11 111111 111111 till 11 1111111 Hill 111111 11 H 11 it 11 Ili hill IIIINIII IN na IT It 11 1111 11 IIITI1 IiIT11 11111 1111 111111 11 11 If 11 f 11111 Wilt III III 1 111111 (E) RESTROOM SECOND FLOOR 8'-0 " w : I till 111 11 1 1111`111111V 1111111 IIT1 I IT 11 111 11 lilil 11111 Hill if 11 111111 11 11111 111 11 fIITII III it 11 -1 111111 It it 11 111, LU 11 I I I III 1114 11 i�I I i I I 11TH 1 1111 11 11 it 111,] 11 111111 111 i PERVIOU5 APRON SIMILAR OR EQUAL TO GRA5.5PAVE2 BY 11 11 Ll 11 1 A it 11 WIWI P STRUCTURES, iN C. 1111-11 111 1 , 11111 111111 1111111 111! 11111111111111 IIIIILIIII 11 111111 111111 1111 If I it I[=I== 11111 �j 11 !1,1111 ILLUJUl If 11 11 B�1 TT I _-_GRO_UND FLOOR U-tan __ _ . 1 11 - 11 " WI 11 11 . UP �ELEVRTCQN 8E©') _ • .. . .. .. . . . < .. . f _. 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I 06/f I i 1�F [3S P>~R C)UJAIEi�REG2IJEST:I�VIIwi.OW TREI~TO P.EMAIhI . "' 'r--.. - � ' ,. � � 05/28/I� D5 MODIFIED PER BOARD OF A#�JUSTMENT APPROVAL- Wf5TE ON 01.121/14 D5 INCLUDE PHOTO LOCATION5 L.EVATj Nth. ;. DATE BY DE55RJMON n TOP.PLATE 12, -0 a _ _ I 1 SCALE.. 114 1 -Q REVISIONS IT 15'f11E R)=5POIN5181:11Y OF'VE CbNTI AGIOR BUILDING HT. 1 TO VM17YALL MELD CONDI IONSAND COMPARE ftti twf WITIi`ftll CONaTRUGt1ON' ' I .SECOND FLOOR 8'_0 DOCUMENTS BEFORE COMMENCING ACTIVITIES, ERRORS,CIMiM1551ON5 OR ANY OTHER { � 1�3 C�' INCON5ISTENCIES DISCOVERED SHALL L1✓O I\ PLAN LAt V IMMEDIATELYBE R,EPOMD TO THE ARCHITECT. SCALE: 1/4',= V-0" PROJECT NAME .PROPOSED BUILDING RELOCATION. ERTAULT B "RE5IUENCE 95 NAVY 5TREET ONENT,;NY .l 1957: DRAWING TITLE _ - GROUND FLOOR 0'-0"_ _ _ It 11 P.LAN5 I*,I! VATION5' PERVIOU5 APRON 51MILAR OR EQUAL TO ""`•.,., • ° , '>�A`i�. Ip/T8113 l7fZA�1VINGNC?. GRA55PAV12 5Y INVI51BLE STRUCTURE5, INC. OUTH .ELEVATION f � ,f Jt3B hlb. SCALE: ',�.SFIC}WN { p u n ! DRAWN b5 NONTH ELEVATION 5CAlE: 114 = I -0 SIOUTH5CALE: 'I/4 = I _p' 5CALE. I,14" = I'-0" BY; A-3 REVIEWEG IF] I IT It O RUCTTIION BY: G'RO'C` ._ .._ b. LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM 14P JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ebressler@wbglawyers.com March 17, 2022 Southold Town Zoning Board of Appeals 53095 Main Road. P.O. Box 1179 Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street,Orient,New York SCTM# 1000-26-1-12.2 Ladies and Gentlemen: We are the attorneys for Vincent Bertault and write in response to the unsigned letter of the chairperson of the Historic Preservation Commission, ("HPC"), dated March 16, 2022 submitted to..the ZBA, ("Letter"). There are three procedural and four substantive infirmities in the Letter which should lend to its rejection. These infirmities are described in detail below. A. PROCEDURAL DEFICIENCES First,the Letter is ultra vires HPC's enabling legislation. There is no provision in such legislation which authorizes the instant interference in a ZBA matter. This is not the first time HPC has improperly interjected materially into matters involving Vincent Bertault. Thus,the Letter should be disregarded. Second,the Letter is ultra vires in that it does not constitute the action of HPC. Vincent Bertault's project was not on any agenda of HPC since the issuance of the Certificate of Appropriateness (copy previously submitted)and he has not received any notice of any proposed action.by HPC.HPC has not taken any action to our knowledge. No resolution of HPC or other evidence of Board Action is attached to the Letter. As a result, the Letter should be disregarded. l Third; as noted.on March 3 2022 at the public hearing, we object to any consideration of input from HPC at this point in this ZBA matter, as they have no standing in this proceeding. Specifically, as set forth in,our,letter of March 15, 2022,the purported stop work order contains no mention of HPC. Thus, the Letter should be disregarded. 1� B. SUBSTANTIVE DEFICIENCES First,HPC approved both the foundation height and the barn height as a part of the 2014 determination (documentation previously submitted). HPC cannot now be heard to complain that it does not approve of that which it previously approved. Second,HPC has no authority with respect to the height of accessory buildings. Assuming, arguendo,that it did(which it does not),in 2014 it approved the foundation and barn heights. Any attempt to regulate the height of accessory buildings is,in any event, ultra vires. Third, as set forth in the documentation and the public hearing, all,construction on the barn was in accordance with Code and sound engineering practices. The roof has been reconstructed and restored using appropriate materials and techniques. All of the work was repeatedly inspected and approved. HPC cannot now be heard to complain. Thus, the Letter should be disregarded. Fourth, conspicuously absent from the Letter and, indeed, from any of the multitude of objections, is what relief anyone is seeking other than to have the barn remain exposed to the weather in an uncompleted condition. Given the uninterrupted series of approvals and favorable inspections, there is no rational alternative to permitting completion of the structure by shingling, reinstallation of windows and doors; etc. Thank you for your consideration of Vincent Bertault's position. Very tr yours, En essler EJB/cs cc— Vincent Bertault 2 LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM �` � JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 LIAR 2 4 2022 ebressler@wbglawyers.com March 23, 2022 7-001GBOARD OFAPPEALS; Southold Town Zoning Board of Appeals n�4 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street, Orient, New York SCTM# 1000-26-1-12.2 Ladies and Gentlemen: We are the attorneys for Vincent Bertault and write in response to the letters dated March 16, 2022 and March 17, 2022, ("Letters"), from counsel purportedly representing "Friends of Orient", an undefined group. The Letters add nothing to the discussion and should be disregarded by the ZBA with one notable exception, detailed below. We note that neither the New York State Department of State nor the Suffolk County Clerk's office have any record of"Friends of Orient". Thus, as a procedural matter, unless and until members included as the "Friends of Orient" are identified and their structure described, they have no standing in this proceeding. The ZBA is requested by this undefined group to maintain the stop work order until "the Town can determine whether any additional approvals and relief are required". This request highlights the fatal deficiency in the purported stop work order, as even the Letters concede that the purported stop work order contains no factual or material basis for the issuance. We thank counsel for concurring with our argument in this regard. Very trulyyous, Eric ressler EJB/cs cc— Vincent Bertault 1 ` Gary R. O'Connor-Architect,=8.Coryell Street, Lambertville,New Jersey 08530,609-397-3635 March 13,2014 FINAL MAP ,el&7 Zoning.Board of Appeals REVIEWED BY ZB Town of Southold SEE DECISION 02 Town Hall Annex DATED �- I /'7 MAR 53095 Main Road Southold,NY 11971 Re: #6729 -Bertault Residence Accessory Building Relocation k4p - (VIA EMAIL and US MAIL) ?ozz Dear Chairperson Weismari and Board, Mr. Bertault and I have received and reviewed testimony (pages, 26-32 of 33) from the J. and J.Woodhouse 45218 Sub-Division hearing as forwarded from the office of Patricia C.Moore. We respectfully fail to see the relevance of this testimony as it pertains to our particular case. We understand there is concern for the well-being of all existing structures on this property. As pet the testimony at the hearing, Mr. Bertault shared his vision of restoring the barn to its original integrity and character. It is not uncommon in preservation history for older structures to be repurposed and/or relocated. As such,you can see on the website of The Oyster Point Historical Society, the stories of several buildings which have been relocated for various reasons over the years. In reference to Ms. Moore's letter of March 5, 2014,we would like to comment as follows: 1. Comment: Setback variance from a"front yard"which requires a minimum of 35' when 20' is requested. Response: It was reviewed during the hearing that the survey indicates an average setback of buildings along Willow Street to be 4.1' where we provide 20' which we believe to be a reasonable distance given the location of similar structures in the neighborhood. 2. Comment: Accessory Building Exceeds maximum size permitted of 660 S.F. and exceeds 18' in height. The barn is 850 S.F.and the height is not provided. Response: The barn is a pre-existing non-conforming structure. The height of the building appears in two locations. On Drawing A-1, under Zoning Computations the Existing and proposed height is indicated. Additionally, on Drawing A-3 the height is indicated on the Building Elevations. 3. Comment: The Flood Zone may affect the height of the existing structure. The Flood Zone is AE 6 which requires the finished flood elevation to be a minimum of 8'. It is not clear what the owner intends to do with the relocated structure and at what height the foundation will be built. ' Zoning Board of Appeals 1� March 13,2014 Page 2 of 2 Response: As discussed during the hearing, the barn shall be used to house a vehicle and maritime equipment. The proposed finish floor elevation is 7' where it is presently 6.1'. While 7' conforms to FEMA.regulations; it does not conform to local regulation requiring (2)foot of freeboard. It is my understanding following a conversation this week with Mr. Michael.Verity of the Building.Department that a 7' floor elevation would be permissible provided the building walls received flood vents. Mr. Bertault prefers not to have flood vents on the barn walls and would prefer to amend the proposed finish floor elevation to 8'. In doing so,.we. also propose the adjustment of the street line setback to be a more favorable 25' in lieu of 20' originally submitted. The adjusted barn height will be 18'-9" above finish grade to the ridge for the elevation facing Willow Street. The.top plate of the barn side wall is an average 13.9' from grade as grade varies from.east to west. In closing, I would like to reiterate that the rational torelocate the barn resides with the Owner's stated goal of restoring the barn, eliminating vehicular traffic adjacent to the house/across the septic system and for the simple pleasure of creating quality open space in the center of the property for gardening and the Owners enjoyment. We trust the Board finds this request for relief to be just and reasonable. Sincerely, 1 cry Gary R.,O'Connor,ATA Architect Cc: File Mr. Vincent Bertault, Homeowner FINAL MAP REVIEWED BY ZB SEE DEC ION DATE® /�Z 14S LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ebressler@wbglawyers.com March 24, 2022 Rrzweu Southold Town Zoning Board of Appeals MAR 2 4 2022 53095 Main Road P.O. Box 1179 LARD 0FAhVCf Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street, Orient,New York SCTM# 1000-26-1-12.2 Ladies and Gentlemen: We are the attorneys for Vincent Bertault and write concerning the issuance by the Building Dept. of a purported notice of violation dated March 18, 2022, ("NOV"). The NOV is both procedurally and substantively deficient and should not be considered by the ZBA on this appeal. It is unrelated to the purported stop work order and is in any event entirely unsupported by any evidentiary material and the allegations therein are false. The bases for this position are set forth below in detail. A. PROCEDURAL DEFICIENCIES The NOV suffers from four procedural deficiencies. Each is described below. First, the NOV was issued more than six months after the stop work order. Thus, the material therein cannot be considered to support the stop work order, as it cannot relate back to a stop work order already issued without specifics. Second,the NOV asserts that the Building Dept. was not aware of the existence of the issues set forth herein until March 15, 2022. Thus,the matters in the NOV cannot as a matter of law support the stop work order. Third, the NOV was issued only days prior to the close of all submissions on the appeal from the stop work order. There is no reasonable opportunity to examine and test the conclusory allegations contained in the NOV. Fourth,the Building Dept. had in its possession from the outset all of the information it now claims to have recently discovered. Indeed, it approved building plans; it approved the foundation and framing; and it had elevations long before the issuance of a stop work order and now the NOV. B. SUSTANTIVE DEFICIENCIES The NOV suffers from three substantive deficiencies. Each is discussed below. First,the NOV asserts that the height of the barn is more than two feet in excess of Code. No exact measurement is given and no basis for the conclusory assertion is set forth. The assertion is contrary to the approvals by the Building Dept. of every phase of the project and the re-issuance of the building permit. Second, the NOV asserts that a variance is required for the height of the barn, when both the ZBA and the HPC approved both the foundation height and the barn structure height. This assertion is irrational and should be rejected. Assuming, arguendo, that the height of the barn exceeds Code, then the prior approvals vitiate the need for any perceived subsequent approvals. Both the height of the foundation as well as the height of the barn were approved, and that was what was constructed, inspected and approved by the Building Dept. Third, the NOV asserts that a demolition permit is required because of the nature of the work. This assertion is entirely conclusory and unsupported by any factual material. At no time prior to the NOV was this alleged issue raised. Moreover, this allegation flies directly in the face of successive Building Dept. approvals of every phase of the project and the reissuance of the building permit. There is and was no need for the issuance of a demolition permit. C. CONCLUSION Plainly, the NOV is nothing more than a belated and further attempt to derail the applicant's effort to carry out the approved plans to remove and restore the barn. The NOV has no place in this proceeding; rather, it confirms that the stop work order was issued in contravention of Code and constitutional requirements and that the stop work order should be reversed. The NOV will be properly addressed in a subsequent proceeding directed at the patently deficient NOV. Unfortunately, this will necessarily further delay the resolution of this project. Very truly yours, 0 Eric . Bressler C� EJB/cs cc- John Burke, Esq., Deputy Town Attorney Vincent Bertault i Gary R. O'Connor—Architect 8 Coryell Street, Lambertville,New Jersey 08530,609-397-3635 March 2, 2022 Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: Stop Work Order Appeal No. 7580 :2 2022 Property owned by Vincent Bertault 95 Navy Street, Orient,New York SCTM# 1000-26-1-12.2 n Ladies and Gentlemen: I am the architect for the Applicant and submit this letter in support of rescinding the stop work order so the work on the barn may be taken to completion. While you would not think so from reading letters of neighborhood objectors, Mr. Bertault has followed the rules. He has sought and received approvals from the ZBA, HPC, filed for construction permits, received inspections, and along the way has had to deal with a long list of false complaints to the Buidling Department which had been reviewed and dismissed. Nobody wants construction projects in their immediate surrounding to go on for long and I empathize with those who have written requesting a speedy resolution. On the other hand, there are many objectors who want the project completed while requesting it be halted while making inaccurate statements about the project not being permitted etc. They cannot have it both ways. This pile-on of objectors all started at the very first 2014 ZBA appearance when the immediate neighbor,who under the guise of protecting the historic location of the barn, hired an attorney to oppose the relocation,while the real reason was that he parked on the Bertault property fronting on Willow Street and would lose that parking space. He organized petitions against the relocation of the barn before the ZBA and HPC. We trust the Zoning Board understands this history as one of the main reasons why this pile-on has occurred and continues to this day and determines to rescind the stop work order so this barn can finally be completed, once and for all. Thank you for your consideration of this matter. Sincerely, r l Gary R. O'Connor, AIA Architect cc: Mr. Vincent Bertault, Property Owner Mr. Eric Bressler, Esq. ds • Cary R, O'Connor' REAR ROOF 17'-1 111 ± ARCHITECF, LLC. `g it.0'co,� �. DN, 102 North Union Street *, Lambertville, NJ 08530 4 I Phone: 609.397.3635 ���� t TOP PLATE 12'-0 � {�} BEATER - .• (E) RE5TKOOM LF] SECOND FLOOR 8'-0 " Eu 11L - - I �- GROUND FLOOR 0'-0" _ UP EAST ELEVATION SCALE: I14" = !'-0" I- FRONT ROOF 161-911 + L .._ - TO, FLATS 12-0 8 • II i 1 . 5ECOND FLOOR 8'-0 8" LLL it I LIU I i , i 1 I, GROUND FLOOR O'-0". 7 - WEST ELEVATION 5CALE: 1/4 = I'-0" —' PERVIOU5 APRON 51MILAR OR �" ~ EQUAL TO GRA55PAVE2 BY 1 1 INVI5113LE 5TRUCTURE5, INC — -- —--— 1 1 -sT I I EXISTING BARN FLOOR PLAN _ I I I JAN 2 8 214 • 5CALE: 1/4' = 1'-0" 1;~ 1 �E� DET CHER -... p . I I SHEDEffiii FRONT Roor 18'-9" - _ - - REAR ROOF 17'- 7 I 1 1 k U I 0112111x4 05 INCLUDE rHOTO LOCATIONS I I WEST t'LEVATI ON NO. DATE 13Y DE5CRIP'IION TOP PLATE 12'-0 8" I I SCALE: 1)4" = P-0" REV1510N5 L- _ _ _ _ —— — — _ _I BUILDING HT, 12'-T ITI5THE RE5PON515ILITYOFTHE CONTRACTOR 5. TO VERIFY ALL FIELD CONDITIONS AND COMPARE THEM MTN THE CONSTRUCTION 5EcoND rL00R 8'-0$" DOCUMENTS BEFORE COMMENCING ACTIVITIES, - FMR5,OMM1551ON5 OR ANY OTHER INCON515TENCIE5 DISCOVQ�D SHALL - - FIRST (LOOK PLAN 01, � : � IMMEDIATELY BE REPORTED TO THE ARCHITECT. � • �] 5CALE: 114" = I'-(Y PROJECT NAME: PROPOSED BUILDING RELOCATION � 1 IIfo B V5TCE95 NAYTREE o ORIENT, NY 1 1957 - DRAWING TITLE GROUND FLOOR 9_011 - PLANS ELEVAT(ON5 -7� LL=H Ll DATE 10118/13 DRAWING NO. -- -- 5OUTH ELEVATION 1241 JO[3 NOt SCALE: AS SHOWN A , 3 -- I ' H -NATION I ,_ " SCALE; 114" = I'-0" I I I DRAWN DS NORTH ELEVATION ALE: 1 411 = I1-0" SOOT ELEVATION SCALE. 114 i 0 r_ L,_„j �„J RE CONSTRUCTION 5C 1 REVIEWED BY: GRO'C i i Gary R. O'Connor—Architect 8 Coryell Street, Lambertville,New Jersey 08530,609-397-3635 March 16, 2022 Southold Town Zoning Board of Appeals. 53095 Main Road (MAR 31 2022 P.O. Box 1179 Southold,New York 11971-0959 ,ZC)NING BOARD®FAPP Re: Stop Work Order Appeal No. 7580 Property owned by Vincent Bertault 95 Navy Street, Orient,New York SCTM# 1000-26-1-12.2 Ladies and Gentlemen: I am the architect for the Applicant and submit this letter in support of removing the stop work order, and to add clarification regarding the drawings which were published from this office. When the ZBA granted relief on 4/17/14 for the Barn Relocation project, the drawings stamped was that bearing the Revision date 1/12/14 "INCLUDED PHOTO LOCATIONS". This drawing also indicates a 20' Setback from Willow Street along with a 7' Barn ground floor elevation. At the same time,the Board, on page three of the determination, Granted Alternative Relief"for a 25-foot setback from Willow Street for the accessory barn relocation, as proposed by the applicant in a letter dated March 13, 2014, subject to the following condition:" "Condition: 1. The granting of the variances is contingent upon the applicant securing the approval by the Town Landmarks Preservation Committee for the proposed project, if the application is denied by the Landmarks Preservation Committee, then this decision shall become null and void." The applicant amended the drawings accordingly bearing the Revision Date 5/28/14 "MODIFIED PER BOARD OF ADJUSTMENT APPROVAL." This modification included the above noted setback of 25' and 8' Ground Floor Elevation and is the same drawings presented to the Landmarks Preservation Commission at a Pre-Submission Conference and then followed by the Public Hearing. The Commission approved the relocation of the project by a 5-1 vote. For neighbor objectants and the Historic Preservation Commission, to promote a narrative today that the building location is wrong per their own approval is disingenuous. I respectfully urge the Board allow this project to move forward through completion as I think we will see in the end a beautifully restored barn. Allowing this building to remain incomplete serves nobody' Southold Town Zoning Board of Appeals March 16, 2022 Page 2 of 2 Thank you for your consideration of this matter. AP S'ncerely, .�, O'C�a Gary R. O'Connor, Connor, AIA , Architect � 0206 Q o;c Ne cc: Mr. Vincent Bertault, Property Owne Mr. Eric Bressler, Esq. Martha F.Reichert Associate Twomey VA' 631.727.2180 x305 mreichert@suffolklaw.com St°iEA, KELLEY, bU6133 & OUAFt7ARAR+D, LLA 33 West Second St. P.O.Box 9398 Riverhead,NY 11909 www.suIfoIktaw.a1T1 Thomas A.Tworney,Jr, (1945-2014) John F,Shea,III January 31, 2022 Christopher D,Kelley David M,Dubin 4 Jay P.Quarararo tBy Email and Federal Express Peter M.Mott Ms. Leslie Kanes Weisman Janice L.Snead qP Kathryn Dalli Chairperson Reza Ebrahimi Zoning Board of Appeals JvV,TpKaren A.Hoegana ® Town of Southold Karen A.Hoeg Bernadette E.Tuthill 53095 Main Road Craig H.Handler P.O Box 1179 Bryan J.Drage Daniel R.Bernard t® Southold,NY 11971-0959 SENIOR COUNSEL Stephen B.Latham Re: Application of Vincent Bertault No. 7580 ASSOCIATES Request for Reversal of Stop Work Order Issued 8/24/2021 Lorraine Paceleo Property of Vincent Bertault Terrence Russell Premises: 95 Navy Street, Orient, Town of Southold, New York Christina M.Noon A.Chadwick Briedis SCTM# 1000-26-1-12.2 Marha F.Reichert MaryKate L,Brigham Dear Chairperson Weisman and Members of the Board: OF'COUNSEL Lisa Clare Kombrink Kevin M Fox This firm represents the Friends of Historic Orient, a group comprised of Patricia J.Russell over forty neighbors and members of the Orient community, in connection with Jennifer P.Nigro ® Craig Gibson their ongoing concerns and opposition to unauthorized construction activities at Joan tvlor g;an McGivern 95 Navy Street, Orient(the "Premises"). The purpose of this letter is to address Scott Handwerker the above-referenced Application of Vincent Bertault (the "Applicant") requesting that the ZBA reverse and lift the Stop Work Order("SWO") issued by the 'I' LOV IN TAxATICN ♦ NY&NJOARS Building Inspector on August 24, 2001 for construction in excess of the Mr. "Y'41&CICMR$ Bertault's building permit. A copy of the SWO is attached hereto as Exhibit A. RS 13 NY.NJ a x:watts A NY,N,t$FL.JAR& Wain Office As will be further addressed herein, we oppose lifting or reversing the P.O.Box 939 nd St. SWO and urge the ZBA to keep the SWO in lace. The Applicant has P.O.Box 9398 g p p lip . Riverhead,NY 11901 unequivocally failed to make any kind of probative demonstration that his 631.727.2180 construction at the Premises complies with the building permit and in turn the suffolklaw.com underlying approvals from the Historic Preservation Committee ("HPC"). It should be clear to any applicant, including Mr. Bertault, that when a building permit is issued, its issuance is conditioned upon compliance with the scope of the approved activities. Town Code X144-10 (Performance of work under permit.) mandates it: "All work shall conform to the approved application, plans and specifications." As such, any violation of a necessary approval from a municipal land use board, whether it be the HPC or the ZBA, during the course of construction, is an inherently sound basis for the Building Inspector to issue a stop-work order pursuant to his authority in Chapter 144 of the Southold Town Code. January 31, 2022 Letter to Zoning Board of Appeals Page 2 of 7 I. The Zoning Board of Appeals' Jurisdiction Although it is far more common for a building permit holder to comply with a stop-work order rather than seek an appeal before the ZBA in order to resume construction,the Southold Town Code does provide the ZBA with the authority to hear an appeal of the SWO. To wit, Town Code §280-146 (Powers and duties.) expressly provides: In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. As an"order" of the Building Inspector,the SWO falls under the rubric of Zoning Board's appellate jurisdiction. Thus, having established the ZBA's role, we turn our comments and analysis to the merits of the instant Application and our continued opposition to any reversal of the SWO at this juncture. II. The Ston-Work Order is Not Ultra Vires In the"Reasons for Appeal"portion of his Application, the Applicant argues that the ZBA should reverse the SWO because it is ultra vires. According to the Applicant, Town Code §144-8 ("Building permit required; application for permit.) and Chapter 144 do not generally support the issuance of the stop-work order. Nothing could be further from the truth. To start, the powers and duties of the Building Inspector are set forth in Town Code §144-5 not §144-8. Specifically, Town Code §144-5(C)(1) states: C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter: (1) To issue stop-work orders . . . (Emphasis added). Not only is the Building Inspector expressly empowered to issue stop-work orders, but Town Code §144-13 provides further guidance, stating in pertinent part: §144-13 (Stop-work orders.) A. The Building Inspector is:authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt: January 31, 2022 Letter to Zoning Board of Appeals Page 3 of 7 (1) Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code,without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. (Emphasis added). Even though walls up to 4-feet high may be exempt from the requirement to obtain a building permit, we submit that excessive excavation and the construction of a labyrinth of retaining walls throughout the property has given rise to a potentially unsafe and dangerous condition for neighboring properties.' (See Exhibit B—Photo of Retaining Walls and Exhibit C— Bernstein Letter). Town Code §144-13 clearly authorizes the Building Inspector to halt work regardless of whether it requires a building permit if it involves protecting the health, safety, and welfare of the Town's residents. There are serious questions and concerns in the instant matter as to whether these retaining walls have received any review and approval from relevant town agencies, including the Building Inspector, the HPC, and the Town Engineer to ensure these walls are safe, compliant, and compatible with the Town Code, State and County laws, and the requirements of the Historic District. In addition to concerns about compliance with the Historic District's guidelines, adjacent neighbors are also especially impacted by and concerned about potential damage to their properties caused by these walls and the lack of proper drainage to contain surface waters on the Applicant's property. Furthermore, these walls appear to have been built in bad faith. In the ZBA's denial of Application#7467, the Board made a finding that: [N]o record of the stamped approved plan was submitted by the applicant nor could it be found in the records of the Building Department. The applicant submitted a Grading and Drainage We also note that these retaining walls serve no legitimate purpose given the ZBA's denial of the swimming pool in Application#7467 and denial of the accessory dwelling use in Application#7468SE. Accordingly,the ZBA and the Building Department should order the removal of any retaining wall not required for a sanitary system. i January 31, 2022 Letter to Zoning Board of Appeals Page 4 of 7 Plan to the ZBA by Condon Engineering,P.C.dated 12/14/2000 without a stamped approval from the Building Department or the Southold Town Engineer, in contradiction to a letter dated June 11,2021,in which the applicant's attorney stated that"All storm water management work is being conducted in accordance with a plan approved by the Southold Town Engineer. The Plan meets the requirements of the code. A copy of the plan has been submitted to the ZBA." On June 16, 2021 members of the Board of Appeals conducted a coordinated inspection of the subject premises with Michael Collins, Town of Southold Engineer to discuss the ongoing excavation on the subject property including the construction of a series of concrete retaining walls, before approvals had been granted by the Board. Collins informed the Board that he had not reviewed or approved a drainage and grading plan for the subiect ro er . (Emphasis added). Given the above, it was not only entirely proper and within the Building Inspector's authority to issue the instant SWO against the Applicant for failure to comply with its building permit and for exceeding the scope of approved construction, but the Building Inspector is duty- bound to halt any further construction of potentially unsafe and unapproved construction. III. The Stop Work Order is Not Impermissibly Vague In Points 2 and 3 of his"Reasons for Appeal,"the Applicant alleges the SWO should be reversed because it fails to state the reasons for its issuance and the conditions upon which work may be resumed. Again, nothing could be further from the truth. Town Code §144-13(B) states that: B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Building Inspector; (3) State the reason or reasons for issuance; (4) If applicable, state the conditions which must be satisfied before work will be permitted to resume. Here, an examination of the SWO shows that it satisfies the requirements of§144-13(B) because: (i) it is in writing; (ii) it is dated August 24, 2021 and signed by John Jarski, Senior Building Inspector; (iii) states the basis for issuance as "Construction beyond scope of BP 44198 issued 9/23/2019;" and (iv) states work will be permitted to resume "[w]hen the Zoning Board of Appeals and Building Department have issued approvals for all changes." (See Exhibit A). January 31, 2022 Letter to Zoning Board of Appeals Page 5 of 7 When an Applicant builds beyond the scope of its approvals, as is the case here, the burden is on the Applicant to demonstrate that the SWO should be lifted because construction is compliant or to apply to the relevant agencies to legalize any illegal and unpermitted construction. Pursuant to Town Code§144-12(B), the Building Inspector may revoke or suspend a building permit"until such time as the permit holder demonstrates that all work then completed is in compliance..." (Emphasis added). Here,the Applicant has provided no affirmative proof, such as an as-built survey and as-built plans,to show that construction undertaken at the Premises matches the plans approved by the HPC or the ZBA. Instead of complying with the SWO, the Applicant has attacked the SWO itself, even though it clearly complies with the requirements of Town Code §144-13(B). If there are any deficiencies in the SWO, it is that the SWO fails to include the HPC as an involved agency that must approve any departure from the prior-approved plans, as well as, any deviations from the prior-issued Certificate of Appropriateness. In fact, Building Permit#46037, which replaced Building Permit#44198, states on its face that the approved construction activities are to be carried out pursuant to the Certificate of Appropriateness granted by the Landmarks Preservation Commission, i.e.,the HPC, and the ZBA. As such,we once again request that the HPC be included in the decision-making process especially with regard to the relief sought by the Applicant in connection with the instant SWO. IV. The Current Construction Does Not Comply with the Certificate of Appropriateness or the Building Permit Two letters have been written by HPC Chairperson Mariella Ostroski to ZBA Chairperson Leslie Kanes Weisman,which were while ZBA Applications#7467 and#7468SE were pending. These letters cogently explain the ways in which the Applicant's construction is noncompliant with the 2014 Certificate of Appropriateness and built without HPC review and approval. (See Exhibit D and Exhibit E). In its June 8, 2021 letter,the Chairperson Ostroski wrote: This 2014 Certificate of Appropriateness was based on October 2013 plans depicting elevations that would preserved facades as is (2013 elevation copy attached). The 12.15.2020 elevations in Laserfiche number 7468SE indicate an intent to seek approval from the Zoning Board for something that will not fulfill the obligation of the HPC 2014 Certificate of Appropriateness. Given these circumstances,that this building was raised without the applicant coming before the HPC,and a history of stop work order actions plus the numerous inaccurate figures reported on the site plan, I have no confidence that the HPC 2014 determination has been or will be adhered to or that it will result in the barn being built as presented. This letter is intended to January 31, 2022 . Letter to Zoning Board of Appeals Page 6 of 7 assure you and the members of the ZBA that I am committed to the vision and mission that established the Historic Districts but think it would be fair to all concerned to have complete,current and up-to-date corrected plans prior to further work being don_ e at this property. (Exhibit D,pp. 1-2 (Emphasis added)) Chief Building Inspector Mike Verity received a copy of this June 8, 2021 letter,thereby putting the Building Department on notice that the Applicant had ostensibly engaged in unpermitted work. The September 1, 2021 letter from Chairperson Ostroski acknowledges the issuance of the SWO and states, "The applicant is not in compliance with the 2014 HPC Certificate of Appropriateness for the existing accessory barn." (Exhibit E (Emphasis added)). Ms. Ostroski's recommendation that the ZBA and Building Department request as-built plans and surveys from the Applicant provides objective, empirical means for the ZBA, Building Department, and the HPC to determine (i) how much was built without the benefits of permits and (ii)the extent to which the Applicant failed to comply with its Certificate of Appropriateness. When an Applicant exceeds the scope of its permits, it is the Applicant's duty to provide the Building Department with sufficient as-built information to the involved Town agencies, especially if the Applicant feels it needs more specific guidance to come into compliance. The Project's architect, Gary O'Connor's, letter dated August 26, 2021, which was written two days after the issuance of the SWO, that the SWO was "too vague to be actionable" is entirely without merit. The Applicant simply has not earnestly tried to come into compliance. Finally,ZBA Decision on Application#7467, dated December 2, 2021, stated in its findings: The STOP WORK ORDER was in response to excessive excavation at the site including the installation of masonry walls, considered fencing,along much of the perimeter of the property and the raising of the relocated barn onto an elevated concrete foundation thereby necessitating the construction of a ramped driveway to access the barn proposed to be converted to a garage and an accessory apartment from Willow Street with a slope of approximately 17%. The pool in the front yard is proposed to be located in an elevated earthen plinth in continuance with the concrete retaining walls required for the elevated foundation of the historic barn proposed to be converted to a garage and accessory apartment in the related application#7468SE also before the Board. As such, any allegations by the Applicant that the SWO is void for vagueness are specious and unsupported by the facts contained within the record. The SWO is clear. The ZBA's findings are clear. Simply put, the SWO should not be reversed. _N January 31, 2022 Letter to Zoning Board of Appeals Page 7 of 7 V. Recommendations to the ZBA The purpose of a public hearing, by allowing testimony from the Applicant and the public, is to provide the Board with sufficient information so it can make an informed and well- reasoned determination. We submit that crucial information is missing from this Board's record if it is to appropriately determine whether the SWO on 95 Navy Street is (a)warranted; (b) whether it should be lifted or reversed; and(c)to direct the course of action on this matter. We respectfully request that the ZBA hold the public hearing record on this matter open until the following happens: A. Submission of an as-built survey and as-built building plans with elevations to the ZBA,the HPC, and the Building Inspector; B. Referral of this Application to the HPC,the Town Engineer, and the Building Inspector for their comments regarding whether it would be appropriate to lift the stop work order; and C. The public is afforded sufficient time to review and respond in person and in writing to all as-built information along with the comments of the HPC,Building Inspector, and Town Engineer regarding the same. In the event,that the as-built survey and plans confirm that the Applicant has exceeded its Building Permit, we respectfully request that the Applicant be directed to apply to the HPC for a Certificate of Appropriateness. However, should the ZBA find that the SWO is somehow deficient,we request that it direct the Building Inspector to amend the SWO since we believe the bad faith actions of the Applicant and the pending Article 78 proceedings require the preservation of the status quo until all of these matters can be resolved. We thank the ZBA for their time and consideration of our comments. Kindly file this letter in the record for this appeal and matter. SincerelWhaF. chert Cc: John Burke,Esq. Ms. Mariella Ostroski Mr. Michael Verity Exhibit List: Exhibit A: Stop Work Order Exhibit B: Photo of Retaining Walls Exhibit C: January 28, 2022 Bernstein Letter to HPC Exhibit D: June 8, 2021 HPC Letter to ZBA Exhibit E: September 1, 2021 HPC Letter'to ZBA 1 / V EXHIBIT A August 24, 2021 Stop Work Order Rif s i � gig TO"uI1,dIAtrva Tcicphonc(631)765.1€02 4376-;h4.71sa Rssjc! l at(01)765-9502 VC?,i3ef% it Tsl cr3 a s7 s��tbfiot.t.N'1" 11u71-11J�<) 1r co BUILDING DEPARTMENT TOWN O SOU=i`.ilou) STOP WORK ORDER TO:ti Incent Bertault P.O. Box 51 Orient, New York 91957 YOU ARE HEREBY NOTIFIE©°TO SUSPEND ALL WORKAT: 95 Navy Street. Orient,-New York TAX MAP NUMSER: 1000-26-1-12.2 Pursuant to Section 144-8 of the Town of Southold, New York, you are hereby noted to immediately suspend all work until this order ha`s been rescinded. BASIS OF STOP WORK ORDER: Construction beyond scow of BP 44198 lasued 9/2312019. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When the Zoning Board of Appoals and Bulldln. Dc1 artmont have issued approvals for all chanciop. FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY WIT THE,,-APPLICABLE PROVISIONS OF LAW MAY CONSTITUTE AN OFFENSE PUNISHABLE BY FINE IMPRI NM TOR TH, ' DATE: August 24, 2021 Se 0 uil in .In ect r y IT=SHALL BE UNi_AWFULTOREMOYE�T ISN 'it E I T WR TTEN . ?CONSENT OI"=THE'l SUING AGENCY: $ < v ' gt e EXHIBIT B Photo of Retaining Walls WAY, y u� i A [ft .3, n - Win- - m 3 W F EXHIBIT C January 28, 2022 Bernstein Letter to HPC '------- --- Lawrence Bernstein ZOVincent Street Orient, New York 12957 January 28, 2O22 N1erieUaOstrD5N-Chairperson ' Historic Preservation Commission Town ofSouthold 53095Main Road t / P.0 Box 1179 ~ Southold, NY 11971-0959 Dear Chairperson - Mypartner Marcia and / live at20Vincent Street in Orient, N.Y. Our home, where we live full-time, borders the south and west property lines of 95 Navy Street. Many walkers and cyclists pass by, look atthe construction and invariably ask us what is going on and how such a project could have been approved. VVetry our best to explain the concrete walls, the idea of terracing,the height of the barn, septic,the exposed electric meter, the proposed ramp for cars, and its impact on traffic, etc It is critical that you understand without exception, residents and visitors are astonished how this incompatible development can take place in a staunchly protected Historic District. It | | only serves to exacerbate the frustration Marcia and | feel living through the constantly vexing ' disruption and mounting anxiety that ifplans guthrough,the quality ofour lives and our Orient neighbors will continue tmbeseverely compromised. | urge you tu protect what issospecial and unique about Orient and to intervene not lift the Stop Work Order until asensible solution can becreated. I thank you for your time and service toward making Orient a special place to be. With best regards, EXHIBIT D June 8, 2021 HPC Letter to ZBA our Unique lbzieltaOstrosli,.Chair iersoa `�`�0 „ Town Hall Annex Anne Surchi4 Vice Chair `mQ ro'� 4375 Route 25 Josephll4ccarthy 4 ict , `0 P. O.Box 1179 Fabiola Santana SOU HOLO Southold,NY 11971 Allan A-Wex I er x T; z Fax: (631)765-9502 tsvo TraceyDnryer,Administrative Assistant Telephone: (631)765-1802, `j , www.southoldtownny.gov �FS�RVATION June 8,2021 Ms.Leslie Kanes Weisman,Chair Zoning Board of Appeals 54375 Main Road P. 0. Box 1179 Southold,NY 11971 Dear Ms.Weisman and members of the Zoning Board of Appeals, RE: 95 Navy Street,Orient,SCTM #1000-26-1-12.2 Owner: Vincent Bertault I am writing with reference to the Laserfiche number 7468SE available on the ZBA website. The exterior elevations dated 12.15.2020 show two garage doors on the north elevation. As of this writing the HPC has issued a 2014 Certificate of Appropriateness based on the relocation of this historic barn with conditions that include"the proposed relocation of the historic barn and shed,according to the plans submitted,will result in the structures being restored and preserved as is,and the proposed relocation of the barn and shed will afford the applicant the ability to maximize the use of his property while preserving the character of the structures." This 2014 Certificate of Appropriateness was based on October 2013 plans depicting elevations that would preserved facades as is (2013 elevation copy attached). The 12.15.2020 elevations in Laserfiche number 7468SE indicate an intent to seek approval from the Zoning Board for something that will not fulfill the obligation of the HPC 2014 Certificate of Appropriateness. In addition,there is a notation on these plans indicating that the applicant is awaiting approval from the ZBA for a rendering of a Special Exception. It should also be noted that the 12.15.2020 plans are subject to HPC approval. The recent Building Department permit for the 4'wall/retaining wall/fence bypassed the HPC and has resulted in our inability to issue a stop work order for something that was never brought before the HPC. I have come �r to learn that the Building Department does not issue permits for fences that are 4'or less. Perhaps the form and foundation work involved with the concrete structure being used by this applicant may be why a permit was issued by the Building Department. This does not change the fact that a Certificate of Appropriateness was never sought or given. In question is the height to the peak of this structure. You'll note the elevation indicates the height at the peak as 119'-7"and shows the finish floor at 100'on the Laserfiche number 7468SE. During a 6.7.2021 field inspection,it was discovered that the foundation wall sits at 45"above the natural grade at the front of the building now located at Willow Street, where the only natural grade remains. The height of the roof peak from the natural grade currently measures 23'5". (Photographs to support these facts are provided here). The maximum height for a lot sized of 19,904 square feet,as indicated that this property is on John Ehler's survey of 11.4.02,the accessory structure should be no greater than 20'for a 15'side yard setback or 22'for a 20'side yard setback. Please note on the 12.15.2020 site plan by Gary O'Connor,both the top of wall and bottom of wall measurements are indicated to be 6'8"illustrating more inaccuracy. (copy attached) Given these circumstances,that this building was raised without the applicant coming before the HPC,and a history of stop work order actions plus the numerous inaccurate figures reported on the site plans,I have no confidence that the HPC 2014 determination has been or will be adhered to or that it will result in the barn being built as presented. This letter is intended to assure you and the members of the ZBA that I am committed to the vision and mission that established the Historic Districts but think it would be fair to all concerned to have complete,current and up-to-date corrected plans prior to further work being done at this property. Thank you,in advance,for your consideration of these issues. Sincerely, Mariella Ostroski,Chair Historic Preservation Commission cc: Anne Surchin,Joe McCarthy,Fabiola Santana,Allan Wexler; Commissioners,HPC Mike Verity,Building Department EXHIBIT E September 1, 2021 HPC Letter to ZBA , our unq s 1bfiella o ,c 'ap �� r�, Town Hall Annex � e Surma €ice cP �� 4375 Route 25 P. O.Box 1179 Southold,NY 11971 Allan A.We1Fax: (63'1) 765-9502 '" Telephone:(631)765-1802 Tr;wyDwvg� 9-A n RECEIVED September 1, 2021 q(" "- (SEP, 0 7 2021 ZONING BOARD OF APPEALS Ms. Leslie Kanes Weisman, Chair Zoning Board of Appeals 54375 Main Road P. 0. Box 1179 Southold,NY 11971 Dear Ms.Weisman and members of the Zoning Board of Appeals, RE: 95 Navy Street, Orient,SCTM#1000-26-1-12.2 Owner: Vincent Bertault The barn roofline has been changed and the height is several feet over the approved 18'9" above finished grade. The mandate to preserve the character of the structure being restored and preserved"as is"is not in compliance. The drawings supplied to the ZBA for a variance illustrates an intent to alter the fagade facing Willow Street with two garage doors rather than the single barn door. The fence/wall has been constructed without a C of A. The applicant is not in compliance with the 2014 HPC Certificate of Appropriateness for the existing accessory barn. A stop work order has been issued as of this date. Thank you,in advance,for your consideration of these issues. Sincerely, Mariella Ostroski,Chair Historic Preservation Commission cc: Anne Surchin,Joe McCarthy,Fabiola Santana,Allan Wexler; Commissioners,HPC Mike Verity,Building Department LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 ebressler@wbglawyers.com September 30, 2021 Kim E. Fuentes, Board Assistant Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,New York 11971-0959 Re: Appeal of Vincent Bertault From Stop Work Order 95 Navy Street, Orient,New York SCTM# 1000-26-1-12.2 Dear Ms. Fuentes: We write in response to your e-mail of even date advising that an unnamed person or persons has advised you that the application for a reversal "would be characterized as an interpretation" and that a$300.00 fee is due. We have reviewed the Zoning Board of Appeals fee schedule and find no required fee for a reversal as opposed to a variance, special exception or interpretation. An appeal seeking a reversal cannot be recharacterized as an interpretation in order to require a fee. We are therefore submitting a$300.00 check under protest and with full reservation of rights. Very tru yours, Eric J. &rss Her EJB/cs Encl. Associate Twomey MR Latham 631.727.2180 x305 SHEA, KELL.EY, D U B I N Fx. QUARTARARO, LLP mreicliert@suffolklaw.com 33 West Second St. RID,Box 9398 Riverhead,NY 11901 vAmw.suffolkimcorn Thomas A.'I'viorney.Jr. (1945-2014) John F.Shea,III January 20, 2022 Christopher D.Kelley David M.Dubin Jay P.Quartararo t D", r pa Peter M,Mott Janice L.Snead Kathryn Dail! By EMAIL AND FEDERAL Exppmss Reza Ebrahimi Mariella Ostroski JM;0*22 Jeffrey W.Pagano 0 Karen A.Hoeg Chairperson Bernadette E,Tuthill Historic Preservation Commission TOWN OF SOUTHOLD Craig H,Handler HISTORIC PRESEF1116ATION COMMISSION Town of Southold Bryan,1.Drago Daniel R.Bernard to 53095 Main Road P.O Box 1179 SENIOR COUNSEL Stephen B.Latharn Southold,NY 11971-0959 ASSOCIATES Lorraine Paceleo Re: ZBA Appeal to Reverse Stop Work Order(No. 7580) Torrence Russell Property of Vincent Bertault Christina M.Noon A.Chadwick Bdedis 95 Navy Street, Orient, Town of Southold,New York Martha F.Reichert SCTM# 1000-26-1-12.2 MaryKate L.Brigham OF COUNSEL Dear Chairperson Ostroski and Members of the Commission: Lisa Clare Kombrink Kevin M.Fox Patricia J.RussOl This firm represents the Friends of Historic Orient, which is comprised of Jennifer P.Nigro over forty neighbors and members of the Orient community, in connection with Craig Gibson ,)can Mornan McGivern their concerns and opposition to the ongoing redevelopment of 95 Navy Street, Scott Handwerker Orient. We are writing specifically regarding an appeal made by Mr. Bertault(the NY£,L CArtS "Applicant") now pending before the Zoning Board of Appeals ("ZBA"), in L LAI 114 1 AXAT K).N NY e NJ WIRS which the Applicant seeks reversal of the Stop Work Order("SWO")that has 0 tM[UN TA BARS . NY,NJ t GG THARS been in place since August 24, 2021 for construction in excess of its Building A NY,NJ&FL OAM, Permit. Main Office 33 West Second St,P.O.Box 9398 Our office previously sent the Historic Preservation Commission ("HPC") Riverhead,NY 11901 a copy of our correspondence, dated November 22, 2021, to the ZBA concerning 631.727.2180 Variance Application No. 7467 and Special Exception Application No. 7468SE. suffolklaw.com Among the issues raised in our letter was the concern that the ZBA or Building Department might lift the SWO without input from the HPC regarding: (1) the barn's non-compliance with its 2014 Certificate of Appropriateness ("CoA") and (2)the lack of a CoA for the extensive series of retaining walls that have been constructed on the property. January 20, 2022 Page 2 of 2 At its December 2, 2021 meeting, the ZBA ultimately denied the variances needed to construct the Applicant's proposed swimming pool. The ZBA also denied the special exception application to add an accessory apartment to the relocated barn. Now, the Applicant seeks to have the ZBA reverse the SWO. The public hearing for this appeal (Application No. 7580) is scheduled to take place on February 3, 2022. It is crucial that the HPC be a part of any decision-making process to determine whether the SWO may be lifted, especially since a primary reason for the SWO is non-compliance with its HPC approvals. To that end, we are urging the HPC to provide the Zoning Board with its comments regarding the barn's 2014 CoA and the retaining walls that have eluded HPC review. As the ZBA noted in its Determination dated December 2, 2021 and filed on December 6, 2021, these retaining walls were built without first obtaining approval from the ZBA. Now that the ZBA has denied the variances related to the swimming pool and the accessory apartment, many of these retaining walls serve no purpose. Moreover, raising the overall grade of the property will change the character of the neighborhood and will cause drainage and flooding issues for neighboring properties. We appreciate the HPC's commitment to preserving the historic character of Orient and trust it will continue to advocate on behalf of bringing this project into compliance and harmony with its surrounding neighborhood. Kindly file this letter in the record of this matter for this property. Sincerely, Martha . Reichert Cc: Leslie Kanes Weisman Mr. Michael Verity (email only) John Burke, Esq. (email only) j. Burke, John From: Fuentes, Kim Sent: Thursday,January 20, 2022 10:28 AM To: Burke,John Cc: Mirabelli, Melissa . Subject: FW: Bertault- 95 Navy Street-ZBA Application to Reverse Stop Work Order Attachments: Letter to HPC 1-20-2022.pdf John, F Please see attached letter addressed to the HPC from Martha Reichart, of TL&S representing Friends of Historic Orient, re: Bertault. Since the matter is closed relating to HPC, and a legal claim has been filed against the ZBA by Bertault's attorney, please let me know how this letter should be distributed. Thank you. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 imEa,Isoutoldtony., ®� Location: 54375 Main Road Mail:P.O. Box 1179 Southold, AT 11971 From: Martha Reichert<mreichert@suffolklaw.com> Sent:Thursday,January 20, 2022 8:28 AM To:Verity, Mike<Mike.Verity@town.southold.ny.us>; Fuentes, Kim<kimf@southoldtownny.gov> Cc: Burke,John<johnbu@southoldtownny.gov>; Dwyer,Tracey<tracey.dwyer@town.southold.ny.us> Subject: Bertault-95 Navy Street-ZBA Application to Reverse Stop Work Order Please find attached correspondence related to the above-referenced appeal pending before the Zoning Board of Appeals..Kindly add this letter to your respective files for this property/application. Sincerely, Martha Reichert 1 Martha F. Reichert Twomey, Latham,Shea, Kelley, Dubin &Quartararo LLP 33 West Second Street, P.O. Box 9398, Riverhead, NY 11901 0: (631) 727-2180 Ext. 305 mreichert@suffolklaw.com I www.suffolklaw.com Twomey 17A Latham Be Well Advised.® 1313 IMPORTANT:The contents of this email and any attachments are confidential.They are intended for the named recipient(s)only.if you have received this email by mistake,please notify the sender immediately and do not disclose the contents to anyone or make copies thereof. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 a l 0 our Unique MariellaOstrosla,Clypersonymc�`� h'ey Town Hall Annex Anne Surchin,Vice Chair `m , rd� 4375 Route 25 JosephlllcCarthy 4 round { e P. Q.Box 1179 Fabiola Santana SuOUTOLD Southold,NY 11971 Allan A-Wexler _ ?`l z Fax: (631)765-9502 o i' .10 Telephone: (631)765-1802 TraceyDRyer,Administrative Assistant ,c a o�� www.southoldtownny.Qov G �FSERVA7l001 June 8,2021 Ms.Leslie Kanes Weisman,Chair Zoning Board of Appeals 54375 Main Road P. 0. Box 1179 Southold,NY 11971 Dear Ms.Weisman and members of the Zoning Board of Appeals, RE: 95 Navy Street,Orient,SCTM #1000-26-1-12.2 Owner: Vincent Bertault I am writing with reference to the Laserfiche number 7468SE available on the ZBA website. The exterior elevations dated 12.15.2020 show two garage doors on the north elevation. As of this writing the HPC has issued a 2014 Certificate of Appropriateness based on the relocation of this historic barn with conditions that include"the proposed relocation of the historic barn and shed,according to the plans submitted,will result in the structures being restored and preserved as is,and the proposed relocation of the barn and shed will afford the applicant the ability to maximize the use of his property while preserving the character of the structures." This 2014 Certificate of Appropriateness was based on October 2013 plans depicting elevations that would preserved facades as is (2013 elevation copy attached). The 12.15.2020 elevations in Laserfiche number 7468SE indicate an intent to seek approval from the Zoning Board for something that will not fulfill the obligation of the HPC 2014 Certificate of Appropriateness. In addition,there is a notation on these plans indicating that the applicant is awaiting approval from the ZBA for a rendering of a Special Exception. It should also be noted that the 12.15.2020 plans are subject to HPC approval. The recent Building Department permit for the 4'wall/retaining wall/fence bypassed the HPC and has resulted in our inability to issue a stop work order for something that was never brought before the HPC. I have come to learn that the Building Department does not issue permits for fences that are 4'or less. Perhaps the form and foundation work involved with the concrete structure being used by this applicant may be why a permit was issued by the Building Department. This does not change the fact that a Certificate of Appropriateness was never sought or given. In question is the height to the peak of this structure. You'll note the elevation indicates the height at the peak as 119'-7"and shows the finish floor at 100'on the Laserfiche number 7468SE. During a 6.7.2021 field inspection,it was discovered that the foundation wall sits at 45"above the natural grade at the front of the building now located at Willow Street, where the only natural grade remains. The height of the roof peak from the natural grade currently measures 23'5". (Photographs to support these facts are provided here). The maximum height for a lot sized of 19,904 square feet,as indicated that this property is on John Ehler's survey of 11.4.02,the accessory structure should be no greater than 20'for a 15'side yard setback or 22'for a 20'side yard setback. Please note on the 12.15.2020 site plan by Gary O'Connor,both the top of wall and bottom of wall measurements are indicated to be 6'8"illustrating more inaccuracy. (copy attached) Given these circumstances,that this building was raised without the applicant coming before the HPC,and a history of stop work order actions plus the numerous inaccurate figures reported on the site plans,I have no confidence that the HPC 2014 determination has been or will be adhered to or that it will result in the barn being built as presented. This letter is intended to assure you and the members of the ZBA that I am committed to the vision and mission that established the Historic Districts but think it would be fair to all concerned to have complete,current and up-to-date corrected plans prior to further work being done at this property. Thank you,in advance,for your consideration of these issues. Sincerely, Mariella Ostroski,Chair Historic Preservation Commission cc: Anne Surchin,Joe McCarthy, Fabiola Santana,Allan Wexler; Commissioners,HPC Mike Verity,Building Department EXHIBIT E September 1, 2021 HPC Letter to ZBA r Our Uniqoc '%-IaAega 0suosis,c �` '�'�; Town Hall Annex Asses SurchiA.Vite Chair 4375 Route 25 P. O.Box 1179 tubal t �� Southold NY 11971 Allan A.wlcvdar Fax: (631) 765-9502 t� Telephone:(631) 765-1802 RECEIVED September 1, 2021 (SEP, 0 7 2021 �}l�I,"� BOARD Ci"APPEALS Ms.Leslie Kanes Weisman, Chair �JJ Zoning Board of Appeals 54375 Main Road P.0. Box 1179 Southold, NY 11971 Dear Ms.Weisman and members of the Zoning Board of Appeals, RE: 95 Navy Street, Orient,SCTM#1000-26-1-12.2 Owner: Vincent Bertault The barn roofline has been changed and the height is several feet over the approved 18'9" above finished grade. The mandate to preserve the character of the structure being restored and preserved"as is"is not in compliance. The drawings supplied to the ZBA for a variance illustrates an intent to alter the fagade facing Willow Street with two garage doors rather than the single barn door. The fence/wall has been constructed without a C of A. The applicant is not in compliance with the 2014 HPC Certificate of Appropriateness for the existing accessory barn. A stop work order has been issued as of this date. Thank you,in advance,for your consideration of these issues. Sincerely, Mariella Ostroski, Chair Historic Preservation Commission cc: Anne Surchin,Joe McCarthy,Fabiola Santana,Allan Wexler; Commissioners,HPC Mike Verity,Building Department our Unlg4e Mariella Ostroski, Chairperson ����` avw' Town Hall Annex Anne Surchin,Vice Chair ��° z d4375 Route 25 Tara Pauline Cubie Q %WIt P. O. Box 1179 MUTHO6n a Southold,NY 11971 Fabiola Santana -ineucFx Fax: 631 765-9502 Allan Wexler IPA , ku169c Telephone: (631) 765-1802 0 11, j www.southoldtownny.gov Kim Fuentes, Coordinator °„ Goy SRRVATION January 31, 2022 Ms. Leslie Kanes Weisman, Chair Zoning Board of Appeals 54375 Main Road P. 0. Box 1179 Southold, NY 11971 RE: 95 Navy Street, Orient, NY, SCTM #1000-26-1-12.2 Owner: Vincent Bertault Dear Ms.Weisman and members of the Zoning Board of Appeals, I am writing on behalf of the Historic Preservation Commission in anticipation of your meeting this Thursday, February 3, 2022 regarding the following item on your agenda: No. 9- 1:10 P.M.-VINCENT BERTAULT#7580—Request to reverse a Stop Work Order issued by the Building Inspector on August 24, 2021, pursuant to Chapter 144,Section 144-8,for construction beyond the scope of Building Department Permit#44198; located at: 95 Navy Street, Orient, NY.SCTM No. 1000-26-1-12.2. Please review my letters of June 8, 2021 and September 1, 2021. The status is the same and our disposition has not changed. The applicant is not in compliance with the 2014 Certificate of Appropriateness for the Barn and the stop work order is prudent and appropriate, at this time. Thank you, in advance, for your consideration. Sincerely, Mariella Ostroski, Chair Historic Preservation Commission ()Ur Ut)iQu Niaxi�a Osxos ,1;1ffiipTown Hall Annex Amie.Surchin, 'ice G �� �;' `�'�, 4375 Route 25 Joseph cCarthv 0L.. c* r' P. 0.Box 1179 Pabiola Santam 0 ` unit '6P Southold,NY 11971 Allan A.Wexler Fax: (631) 765-9502 ` Telephone:(631) 765-1802 Trac�yDwNes, ct irustra s .r �� v .so ►xtYotcito� zia c` _ . foil IlECE1VED t,� September 1, 2021 4 b (SEP, 0 7 2021 ZONING BOARD OF APPEALS Ms.Leslie Kanes Weisman, Chair Zoning Board of Appeals 54375 Main Road P.0. Box 1179 Southold,NY 11971 Dear Ms.Weisman and members of the Zoning Board of Appeals, RE: 95 Navy Street,Orient,SCTM#1000-26-1-12.2 Owner: Vincent Bertault The barn roofline has been changed and the height is several feet over the approved 18'9" above finished grade. The mandate to preserve the character of the structure being restored and preserved"as is"is not in compliance. The drawings supplied to the ZBA for a ' variance illustrates an intent to alter the fagade facing Willow Street with two garage doors rather than the single barn door. The fence/wall has been constructed without a C of A. The applicant is not in compliance with the 2014 HPC Certificate of Appropriateness for the existing accessory barn. A stop work order has been issued as of this date. Thank you,in advance,for your consideration of these issues. Sincerely, Mariella Ostroski,Chair Historic Preservation Commission cc: Anne Surchin,Joe McCarthy,Fabiola Santana,Allan Wexler; Commissioners,HPC Mike Verity,Building Department g oUr Untque Ddariella 4strosld,Chairpenon ca�� '�m,• Town Hall Annex Anne.Surchin.vice Chair �y2 ��' 4375 Route 25 JosephMcCarthy 4` nueicf r, `9 Fabiola Santana 0 990HOLD '. o P. O. Sox 1179 un:yvaac Southold,NY 11971 .Allan-A-Wexler y f z Fax: (631) 765-9502 fCL51CCd M.'. o No 'Admirris TraaeyDtiNTelephone: (631) 765-1802 yer, trativeAssistant 9,c �r` wxyw.southoldtownny_.po� A9FS�RVATION � �J' v L June 8,2021 Ms. Leslie Kanes Weisman, Chair Zoning Board of Appeals C 54375 Main Road rk J P. 0. Box 1179 Southold,NY 11971 Dear Ms.Weisman and members of the Zoning Board of Appeals, RE; 95 Navy Street, Orient,SCTM #1000-26-1-12.2 Owner: Vincent BertauIt I am writing with reference to the Laserfiche number 7468SE available on the ZBA website. The exterior elevations dated 12.15.2020 show two garage doors on the north elevation. As of this writing the HPC has issued a 2014 Certificate of Appropriateness based on the relocation of this historic barn with conditions that include"the proposed relocation of the historic barn and shed,according to the,plans submitted,will result in the structures being restored and preserved as is,and the proposed relocation of the barn and shed will afford the applicant the ability to maximize the use of his property while preserving the character of the structures," This 2014 Certificate of Appropriateness was based on October 2'013 plans depicting elevations that would preserved facades as is (2013 elevation copy attached). The 12.15.2020 elevations in Laserfiche number 7468SE indicate an intent to seek approval from the Zoning Board for something that will not fulfill the obligation of the HPC 2014 Certificate of Appropriateness. In addition,there is a notation on these plans indicating that the applicant is awaiting approval from the ZBA for a rendering of a Special Exception. It should also be noted that the 12.15.2020 plans are subject to HPC approval. The recent Building Department permit for the 4'wall/retaining wall/fence bypassed the HPC and has resulted in our inability to issue a stop work order for something that was never brought before the HPC. I have come to learn that the Building Department does not issue permits for fences that are 4'or less. Perhaps the form and foundation work involved with the concrete structure being used by this applicant may be why a permit was issued by the Building Department. This does not change the fact that a Certificate of Appropriateness was never sought or given. In question is the height to the peak of this structure. You'll note the elevation indicates the height at the peak as 119'-7"and shows the finish floor at 100'on the Laserfiche number 7468SE. During a 6.7.2021 field inspection,it was discovered that the foundation wall sits at 45"above the natural grade at the front of the building now located at Willow Street, where the only natural grade remains. The height of the roof peak from the natural grade currently measures 23' 5". (Photographs to support these facts are provided here). The maximum height for a lot sized of 19,904 square feet,as indicated that this property is on John Ehler's survey of 11.4.02,the accessory structure should be no greater than 20'for a 15'side yard setback or 22' for a 20'side yard setback. Please note on the 12.15.2020 site plan by Gary O'Connor,both the top of wall and bottom of wall measurements are indicated to be 6'8"illustrating more inaccuracy. (copy attached) Given these circumstances,that this building was raised without the applicant coming before the HPC,and a history of stop work order actions plus the numerous inaccurate figures reported on the site plans,I have no confidence that the HPC 2014 determination has been or will be adhered to or that it will result in the barn being built as presented. This letter is intended to assure you and the members of the ZBA that I am committed to the vision and mission that established the Historic Districts but think it would be fair to all concerned to have complete, current and up-to-date corrected plans prior to further work being done at this property. Thank you,in advance, for your consideration of these issues. Sincerely, Mariella Ostroski, Chair Historic Preservation Commission cc: Anne Surchin,Joe McCarthy,Fabiola Santana,Allan Wexler; Commissioners, HPC Mike Verity,Building Department Martha F.Reichert Associate Twomey 0 Latham 631.727.2180 x305 StiEA, KELLEY, DUB1N & 'QUARTARARO, LLP mreichert@suffolklaw.com 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 www.suffolklaw.com Thomas A.Twomey,Jr. ` (1945-2014) -10 John F.Shea,III February 1,2022 Christopher D.Kelley David M.Dubin `n t,`Sk -,'-�. Jay P.Quartararo t By Email and Federal Express t Peter M.Mott Ms.Leslie Kanes Weisman Janice L.Snead ��D® 2 p �O Kathryn Dail! Chairperson 22 Reza Ebrahimi Zoning Board of Appeals . Jeffrey W.Pagano n Town of Southold Karen A.Hoeg 4 n-t Bernadette E.Tuthill 53095 Main Road Craig H.Handler P.O Box 1179 Bryan J.Drago Daniel R.Bernard to Southold,NY 11971-0959 SENIOR COUNSEL Stephen B.Latham Re: Application of Vincent Bertault No.7.580 ASSOCIATES Request for Reversal of Stop Work Order Issued 8/24/2021 • Lorraine Paceleo Property of Vincent Bertault Terrence Russell Premises: 95 Navy Street,Orient,Town of Southold,New York Christina M.Noon A.Chadwick Briedis SCTM#1000-26-1-12.2 Martha F.Reichert MaryKate L.Brigham Dear Chairperson Weisman and Members of the Board: OF COUNSEL Lisa Clare Kombrink Kevin M.Fox This firm represents the Friends of Historic Orient,a group comprised of Patricia J.Russell over forty neighbors and members of the Orient community,in connection with Jennifer P.Nigro • Craig Gibson their ongoing concerns and opposition to unauthorized construction activities at Joan Morgan McGivern 95 Navy Street, Orient(the"Premises"). The purpose of this letter is to address Scott Handwerker the above-referenced Application of Vincent Bertault(the"Applicant")requesting z NYBLABARS that the ZBA reverse and lift the Stop Work Order("SWO")issued by the t LL.M IN TAXATION 4 NY$NJBARS Building Inspector on August 24,2001 for construction in excess of Mr. ONY,NJBPAaARS ® NY,NJ 8 OC BARS Bertault's building permit. A copy of the SWO is attached hereto as Exhibit A. N NY,NJ&FL BARS Main Office As will be further addressed herein,we oppose lifting or reversing the P'west second St. SWO and urge the ZBA to keep the SWO in lace. The Applicant has P.O.Box 9398 g P p pp • Riverhead,NY 11901 unequivocally failed to make any kind of probative demonstration that his 631.727.2180 construction at the Premises complies with the building permit and in turn the suffoiklaw.com underlying approvals from the Historic Preservation Committee("HPC"). It should be clear to any applicant, including Mr.Bertault,that when a building permit is issued,its issuance is conditioned upon compliance with the scope of the approved activities. Town Code X144-10(Performance of work under permit.)mandates it: "All work shall conform to the approved application, plans and specifications." As such, any violation of a necessary approval, whether it be from the HPC,the ZBA, or the Town Engineer, during the course of construction, is an inherently sound basis for the Building Inspector to issue a stop-work order pursuant to his authority in Chapter 144 of the Southold Town Code. February 1,2022 Letter to Zoning Board of Appeals Page 2 of 7 I. The Zoning Board of Appeals'Jurisdiction Although it is far more common for the holder of a building permit to comply with a stop-work order rather than seek an appeal before the ZBA in order to resume construction,the Southold Town Code does provide the ZBA with the authority to hear an appeal of a SWO. To wit,Town Code§280-146(Powers and duties.)expressly provides: In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order,requirement,decision or determination made by the Building Inspector. As an"order"of the Building Inspector,the SWO falls under the rubric of the ZBA's appellate jurisdiction. Thus,having established the ZBA's role,we turn our comments and analysis to the merits of the instant Application and our continued opposition to any reversal or lifting of the SWO at this juncture. H. The Stop-Work Ords N�UftraVires In the"Reasons for Appeal"portion of his Application,the Applicant argues that the ZBA should reverse the SWO because it is ultra vires. According to the Applicant,Town Code §144-8 (`Building permit required; application for permit.)and Chapter 144 do not generally support the issuance of the stop-work order. Nothing could be further from the truth. To start,the powers and duties of the Building Inspector are set forth in Town Code §144-5 not §144-8. Specifically,Town Code §144-5(C)(1)states: C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter: (1)To issue stop-work orders.. .(Emphasis added). Not only is the Building Inspector expressly empowered to issue stop-work orders,but Town Code §144-13 provides further guidance,stating in pertinent part: §144-13 (Stop-work orders.) A. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt: of Ob February 1,2022 Letter to Zoning Board of Appeals Page 3 of 7 (1) Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code,without regard to whether such work is or is not work for which a building permit is reduired. and without regard to whether a building permit has or has not been issued for such work; or (2)Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector. without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. (Emphasis added). Even though walls up to 4-feet high may be exempt from the requirement to obtain a building permit,we submit that excessive excavation and the construction of a labyrinth of concrete retaining walls throughout the property has given rise to potentially unsafe and dangerous conditions for neighboring properties.' (See Exhibit B—Photo of Retaining Walls and Exhibit C—Bernstein Letter). Town Code §144-13 clearly authorizes the Building Inspector to halt work regardless of whether or not a building permit is required when it involves safeguarding the health, safety,and welfare of the Town's residents. There are serious questions and concerns in the instant matter as to whether these retaining walls have received a_y review and approval from relevant town agencies,including the Building Inspector,the HPC,and the Town Engineer to ensure these walls are safe, compliant,and compatible with the Town Code, State and County laws,and the requirements of the Historic District. Adjacent neighbors are also especially impacted by and concerned about potential damage to their properties caused by these walls and the lack of proper drainage to contain surface waters on the Applicant's property. Furthermore,these walls appear to have been built in bad faith. In the ZBA's denial of Application.#7467,the Board made a finding that: [NJo record of the stamped approved plan was submitted by the applicant nor could it be found in the records of the Building Department. The applicant submitted a Grading and Drainage Plan to the ZBA by Condon Engineering,P.C.dated 12/14/2000 i We also note that these retaining walls serve no legitimate purpose given the ZBA's denial of the swimming pool in Application#7467 and denial of the accessory dwelling special exception use in Application#7468SE. Accordingly,the ZBA and the Building Department should order the removal of any retaining wall not required for a sanitary system. February 1,2022 Letter to Zoning Board of Appeals Page 4 of 7 without a stamped approval from the Building Department or the Southold Town Engineer, in contradiction to a letter dated June 11,2021,in which the applicant's attorney stated that"All storm water management work is being conducted in accordance with a plan approved by the Southold Town Engineer. The Plan meets the requirements of the code. A copy of the plan has been submitted to the ZBA." On June 16, 2021 members of the Board of Appeals conducted a coordinated inspection of the subject premises with Michael Collins, Town of Southold Engineer to discuss the ongoing excavation on the subject property including the construction of a series of concrete retaining walls,before approvals had been granted by the Board. Collins informed the Board that he had not reviewed or approved a drainage and grading plan for the subiect roe .(Emphasis added). Given the above,it was not only entirely proper and entirely within the Building Inspector's authority to issue the instant SWO against the Applicant for failure to comply with his building permit and for exceeding the scope of approved construction,but it is also the Building Inspector's duty to halt any further construction of potentially unsafe and unapproved construction. The Stop-Work order is not ultra vires,and the Application to reverse it must be denied. M. The Stop-Work Order is Not Impermissibly Vague In Points 2 and 3 of his"Reasons for Appeal,"the Applicant alleges the SWO should be reversed because it fails to state the reasons for its issuance and the conditions upon which work may be resumed. Again,nothing could be further from the truth. Town Code §144-13(B)states that: B. Stop-work orders shall: (1)Be in writing; (2)Be dated and signed by the Building Inspector; (3)State the reason or reasons for issuance; (4) If applicable, state the conditions which must be satisfied before work will be permitted to resume. Here,an examination of the SWO shows that it satisfies the requirements of§144-13(13) because: (i)it is in writing; (ii)it is dated August 24,2021 and signed by John Jarski, Senior Building Inspector; (iii)states the basis for issuance as"Construction beyond scope of BP 44198 issued 9/23/2019;"and(iv)states work will be permitted to resume"[w]hen the Zoning Board of Appeals and Building,Department have issued approvals for all changes."(See Exhibit A). February 1,2022 Letter to Zoning Board of Appeals Page 5 of 7 When an Applicant builds beyond the scope of its approvals,as is the case here,the burden is on the Applicant to demonstrate that the SWO should be lifted because construction is compliant or to apply to the relevant agencies to legalize any illegal and unpermitted construction. Pursuant to Town Code 144-12(B),the Building Inspector may revoke or suspend a building permit"until such time as the permit holder demonstrates that all work then completed'is in compliance..."(Emphasis added). Here,the Applicant has provided no affirmative proof,such as an as-built survey and as-built plans,to show that construction undertaken at the Premises matches the plans approved by the HPC or the ZBA. Instead of complying with the SWO,the Applicant has attacked the legal sufficiency of the SWO itself, even though it clearly complies with the requirements of Town Code §144-13(B). If there are any deficiencies in the SWO,it is that the SWO fails to include the HPC as an necessary and involved agency that must approve any departure from the prior-approved plans that formed the basis for approval of the Certificate of Appropriateness. In fact,Building Permit #46037,which replaced Building Permit#44198,states on its face that approved construction activities are to be carried out pursuant to the Certificate of Appropriateness granted by the Landmarks Preservation Commission,i.e.,the HPC,and the ZBA. As such,we once again request that the HPC be included in the decision-making process especially with regard to the relief sought by the Applicant in connection with the instant appeal to reverse the SWO. IV. The Current Construction Does Not Comply with the Certificate of Appropriateness or the Building Permit Two letters have been written by HPC Chairperson Mariella Ostroski to ZBA Chairperson Leslie Kanes Weisman,which were written while ZBA Applications#7467 and #7468SE were pending. These letters cogently explain the ways in which the Applicant's construction is noncompliant with the 2014 Certificate of Appropriateness and was built without HIPC review and approval. See Exhibit D and Exhibit E). In her June 8,2021 letter, Chairperson Ostroski wrote: This 2014 Certificate of Appropriateness was based on October 2013 plans depicting elevations that would preserved facades as is (2013 elevation copy attached). The 12.15.2020 elevations in Laserfiche number 7468SE indicate an intent to seek approval from the Zoning Board for something that will not fulfill the obli¢ation of the HPC 2014 Certificate of Appropriateness. Given these circumstances,that this building was raised without the applicant coming before the HPC,and a history of stop work order actions plus the numerous inaccurate figures reported on the site plan, I have no confidence that the HPC 2014 determination has been or will be adhered to or that it will result in the barn being built as presented. This letter is intended to assure you and the members of the ZBA that I am committed to February 1,2022 Letter to Zoning Board of Appeals Page 6 of 7 �J� the vision and mission that established the Historic Districts but think it would be fair to all concerned to have complete.current and up-to-date corrected plans prior to further work being done at this property.(Exhibit D,pp. 1-2(Emphasis added)) Chief Building Inspector Mike Verity received a copy of this June 8,2021 letter,thereby putting the Building Department on notice that the Applicant had ostensibly engaged in unpermitted work. The September 1,2021 letter from Chairperson Ostroski acknowledges the issuance of the SWO and states, "The applicant is not in comoliance with the 2014 HPC Certificate of Appropriateness for the existing accessory barn."(Exhibit E(Emphasis added)). Ms. Ostroski's recommendation that the ZBA and Building Department request as-built plans and surveys from the Applicant provides objective, empirical means for the ZBA,Building Department, and the HPC to determine(i)how much was built without the benefits of permits and(ii)the extent to which the Applicant failed to comply with its Certificate of Appropriateness. The Project's architect,Gary O'Connor's,letter dated August 26,2021,written two days after the issuance of the SWO, stating that the SWO was"too vague to be actionable" is entirely without merit.When an Applicant exceeds the scope of its permits,it is the Applicant's dutv to provide sufficient as-built information to the Building Department and other involved Town agencies pursuant to Town Code 4144-12(B). The Applicant simply has not earnestly tried to come into compliance. Finally,ZBA Decision on Application#7467, dated December 2,2021, stated in its findings: The STOP WORK ORDER was in response to excessive excavation at the site including the installation of masonry walls, considered fencing,along much of the perimeter of the property and the raising of the relocated barn onto an elevated concrete foundation thereby necessitating the construction of a ramped driveway to access the barn proposed to be converted to a garage and an accessory apartment from Willow Street with a slope of approximately 17%. The pool in the front yard is proposed to be located in an elevated earthen plinth in continuance with the concrete retaining walls required for the elevated foundation of the historic barn proposed to be converted to a garage and accessory apartment in the related application#7468SE also before the Board. As such, any allegations by the Applicant that the SWO is void for vagueness are specious and unsupported by the facts contained within the record. The SWO is clear. The ZBA's findings are clear. Simply put,the Applicant's construction exceeds the scope of his approvals and permits, and the SWO should not be reversed. 1 February 1,2022 Letter to Zoning Board of Appeals Page 7 of 7 �l n V. Recommendations to the ZBA J The purpose of a public hearing,by allowing testimony from the Applicant and the public,is to provide the Board with sufficient information so it can make an informed and well- reasoned determination. Crucial information is missing from the record if the ZBA it is to appropriately determine whether the SWO on 95 Navy Street is warranted and will remain in place,or whether it should be lifted or reversed. We respectfully request that the ZBA hold the public hearing record on this matter open until the following happens: A. Submission of an as-built survey and as-built building plans with elevations to the ZBA,the HPC,and the Building Inspector; B. Referral of this Application to the HPC,the Town Engineer,and the Building Inspector for their comments regarding whether it would be appropriate to lift the stop work order; and C. The public is afforded sufficient time to review and respond in person and in writing to all as-built information along with the comments of the HPC,Building Inspector,and Town Engineer regarding the same. In the event,that the as-built survey and plans confirm that the Applicant has exceeded its Building Permit,we respectfully request that the Applicant be directed to apply to the HPC for a Certificate of Appropriateness. However, should the ZBA find that the SWO is somehow deficient,we request that it direct the Building Inspector to amend and reissue the SWO because it is warranted due to the Applicant's bad faith actions and the multiple letters from the HPC stating the Project does not comply with the Certificate of Appropriateness. Moreover,the pending Article 78 proceedings brought by the Applicant,which involve portions of the as-built construction,require the preservation of the status quo until all of these matters can be resolved. We thank the ZBA for their time and consideration of our comments. Kindly file this letter in the record for this appeal and matter. Sincerely, Martha F eichert Cc: John Burke,Esq. Ms.Mariella Ostroski Mr.Michael Verity Exhibit.List: Exhibit A: Stop Work Order Exhibit B:Photo of Retaining Walls Exhibit C: January 28,2022 Bernstein Letter to HPC Exhibit D: June 8,2021 HPC Letter to ZBA Exhibit E: September 1,2021 HPC Letter to ZBA 1 EXHIBIT A August 24, 2021 Stop Work Order ,itccun� r `\7 SO 1114, Tttvn II,il1 Atau� i .a,`o ,� ,, r0, Tclephonc(631)763.1802 s. 13; Nut, ttUtl a6 -4902F . �..� t',U.ltu� 117ta v� ��, •trt. � ire' m V TBUILDING DEPAMENT OWN OF SOUTHOI D t;n •, STOP WORK ORDER - p�M TO:Vincent Bertault P.O. Box 51 Orient, New York 11957 YOU ARE HEREBY NOTIFIE1370 SUSPEND ALL WORK AT: 95 Naw Street, Orient, New York TAX MAP NUMBER: 1000-26-1-12.2 "* Pursuant to Section 144-8 of the Town of Southold, New York, you;arl3 hereby.' =' . notified to immediately suspend all work until this order has been rescj,nded BASIS OF STOP WORK ORDER: :r Construction beyond scop® of BP 44198 Issued 9/2312019. ::y , CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When the Zoning Board of Appoale and Bulldins Dopartmont have Issued' approvals for all changos. FAILURE TO REMEDY THE CONDITIONS 1AFORESAID AND'TO•COMP�LY'., WITH THEAPPLICABLE PROVISIONS ORLAW MAY CONSTITUTE AN`,,-',;'-' OFFENSE PUNISHABLE BY.FINEi IMPRl NM TOR- H. 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"t •"�^ .i flt >.t„ ��R•.. r _r+.u�,at r ,x;',s'+ `"t�+tA'a.�. •fi, >f� � j}y�9 t (t,�«;.a d ,� "s'a''t`#t1 c:h 5'S A,y :t�"�^` `S+'i , '+ .�✓g b b.sa$i;"` �+ '�- s '�`<# c's .`b �& .� s�;r s �`., i '. i # {�-, e 1 ?�. ,{4>�'., i�� ,,y;2yLy. � 5u,x!$ E' t : t 5y a ,a rS 5�'*�} ,y;}.5, jb S7t.,; ,t ,G�iPy{y�ltxw*+�.,:�.g k„i`.h �' *.,�:,-,:�t° - t,, J {,ro�•. 4 {� < Y „a t4 't A ;t.+.«r '1 E, a ,t,�Y. ^.i."rt arwr �s* •;J:1,s n�"1.: t � �'k°4 a "+�„.z,, a a t^ }.'w,,Ss T: � r„itk�ffiy:�� t`2'X.p^�,:: '� 5#- .�J` E tar ,j fl3r cii'„P y r ,^•.'Firf ''at #N't kSk ,t 1� A, p�rr�5yt s'9„ eY,:,�'e.4ss.•.�m_,.:.�ar.-..•r�..,.M. � 4 ,k” ,�.5 J".� tf.{.a%"k a-..#s�F al.,s:;t"s,,,«:-.4,w,w.. ... �� :41 w, ri.�3' 1� a;�.e.'�-Ys..X N}'"t�w., �C} -.Ji p'} p.;,.:� >t^' y�M"�� �..5?"', d+��”' 4b EXHIBIT B Photo of Retaining Walls s i 1 y _ �Y ,-,'' Vim- leg, ' v EXHIBIT C January 28, 2022 Bernstein Letter to HPC Lawrence Bernstein 20 Vincent Street Orient, New York 11957 January 28, 2022 Mariella Ostroski-Chairperson i Historic Preservation Commission Town of Southold 53095 Main Road P.O Box 1179 Southold, NY 11971-0959 Dear Chairperson- My partner Marcia and I live at 20 Vincent Street in Orient, N.Y. Our home,where we live full-time, borders the south and west property lines of 95 Navy Street. Many walkersandcyclists pass by, look at the construction and invariably ask us what is going on and how such a project could have been approved. We try our best to explain the concrete walls;the idea of terracing,the height of the barn,septic,the exposed electric meter, the proposed ramp for cars,and its impact on traffic, etc. It is critical that you understand without exception, residents and visitors are astonished how this incompatible development can take place in a staunchly protected Historic District. It only serves to exacerbate the frustration Marcia and I feel living through the constantly vexing disruption and mounting anxiety that if plans go through,the quality of our lives and our Orient neighbors will continue to be severely compromised. I urge you to protect what is so special and unique about Orient and to intervene not lift the Stop Work Order until a sensible solution can be created. 'I thank you for your time and service toward making Orient a special place to be. With best regards, tr ` awrence Bernstein EXHIBIT D June 8, 2021 HPC Letter to ZBA put Unique Madelta Ostrosbi,Chaispersoa s„� Town Hall Annex Anne Vi C� a�0y �'�m 4375 Route 25 JoMhMcCarthyP.O.Box 1179 FabioIa Santana • sou"LD • Southold,NY 11971 r AllaaA Rexler N , ;;7 o Fax:(631)765-9502 10 Tracey Dwyer,Administradve Assistant Qp Telephone:(631)765-1802 www.southoldtownny.gov 1FSFFIVATI00 June 8,2021 n 1 Ms.Leslie Kanes Weisman,Chair Zoning Board of Appeals 54375 Main Road P.0.Box 1179 Southold,NY 11971 Dear Ms.Weisman and members of the Zoning Board of Appeals, RE: 95 Navy Street,Orient,SCTM#1000-26-1-12.2 Owner: Vincent Bertault I am writing with reference to the Laserfiche number 7468SE available on the ZBA website. The exterior elevations dated 12.15.2020 show two garage doors on the north elevation. As of this writing the HPC has issued a 2014 Certificate of Appropriateness based on the relocation of this historic barn with conditions that include"the proposed relocation of the historic barn and shed,according to the plans submitted,will result in the structures being restored and preserved as is,and the proposed relocation of the barn and shed will afford the applicant the ability to maximize the use of his property while preserving the character of the structures." This 2014 Certificate of Appropriateness was based on October 2013 plans depicting elevations that would preserved facades as is (20 13 elevation copy attached). The 12.15.2020 elevations in Laserfiche number 7468SE indicate an intent to seek approval from the Zoning Board for something that will not fulfill the obligation of the HPC 2014 Certificate of Appropriateness. In addition,there is a notation on these plans indicating that the applicant is awaiting approval from the ZBA for a rendering of a Special Exception. It should also be noted that the 12.15.2020 plans are subject to HPC approval. The recent Building Department permit for the 4'wall/retaining wall/fence bypassed the HPC and has resulted in our inability to issue a stop work order for something that was never brought before the HPC. I have come to learn that the Building Department does not issue permits for fences that are 4'or less. nip Perhaps the form and foundation work involved with the concrete structure being used by this applicant may be why a permit was issued by the Building Department. This does not change the fact that a Certificate of Appropriateness was never sought or given. In question is the height to the peak of this structure. You'lI note the elevation indicates the height at the peak as 119'-7"and shows the finish floor at 100'on the Laserfiche number 7468SE. During a 6.7.2021 field inspection,it was discovered that the foundation wall sits at 45"above the natural grade at the front of the building now located at Willow Street, where the only natural grade remains. The height of the roof peak from the natural grade currently measures 23'5".(Photographs to support these facts are provided here). The maximum height for a lot sized of 19,904 square feet,as indicated that this property is on John Ehler's survey of 11.4.02,the accessory structure should be no greater than 20'for a 15'side yard setback or 22'for a 20'side yard setback. Please note on the 12.15.2020 site plan by Gary O'Connor,both the top of wall and bottom of wall measurements are indicated to be 6'8"illustrating more inaccuracy.(copy attached) Given these circumstances,that this building was raised without the applicant coming before the HPC,and a history of stop work order actions plus the numerous inaccurate figures reported on the site plans,I have no confidence that the HPC 2014 determination has been or will be adhered to or that it will result in the barn being built as presented. This letter is intended to assure you and the members of the ZBA that 1 am committed to the vision and mission that established the Historic Districts but think it would be fair to all concerned to have complete,current and up-to-date corrected plans prior to further work being done at this property. Thank you,in advance,for your consideration of these issues. Sincerely, Mariella Ostroski,Chair Historic Preservation Commission cc: Anne Surchin,Joe McCarthy,Fabiola Santana,Allan Wexler; Commissioners,HPC Mike Verity,Building Department 4 ' 6 EXHIBIT E September 1, 2021 HPC Letter to ZBA 6P as Martha F.Reichert Twomey & LathamAssociate 631.727.2180 x305 SHEA, KELLEY, DUBIN & QUARTARARO, LLP mrelchert@suffolklaw.com 33 West Second St P.O.Box 9398 Riverhead,NY 11901 www.suffolklaw.com Thomas A.Twomey,Jr. February 28,2022 (1945-2014) ^ John F.Shea,III Christopher D.Kelley David M.Dubin 4 Jay P.Quartararc t AR 012022 Peter M.Mott Janice L.Snead By Email and Federal Express Kathryn Dalli Reza Ebrahimi Ms.Leslie Kanes Weisman ZONING�` �������� Jeffrey W.Pagano ■ Chairperson Karen A.Hoeg Bernadette E.Tuthill Zoning Board of Appeals Craig H.Handler Town of Southold Bryan J.Drago Daniel R.Bernard to 53095 Main Road P.O Box 1179 SENIOR COUNSEL SOUthOld Stephen B.Latham ,NY 11971-0959 ASSOCIATES Lorraine Paceleo Re: Application of Vincent Bertault No.7580 Terrence Russell Request for Reversal of Stop Work Order Issued 8/24/2021 Christina M.Noon A.Chadwick Briedis Property of Vincent Bertault Martha F.Reichert Premises: 95 Navy Street,Orient,Town of Southold,New York MaryKate L.Brigham Jaqueline M.Morley SCTM#1000-26-1-12.2 OF COUNSEL Dear Chairperson Weisman and Members of the Board: Lisa Clare Kombrink Kevin M.Fox Patricia J.Russell This firm represents the Friends of Historic Orient(FOHO), a group Jennifer P.Nigro Craig Gibson comprised of over forty neighbors and members of the Orient community, in Joan Morgan McGivem connection with their ongoing concerns and opposition to unauthorized Scott Handwerker construction activities at 95 Navy Street, Orient(the"Premises"). We would like t LL.M INN TAXATION NY&IBARS to reiterate our comments from the February 3,2020 public hearing and urge the ♦ NY&NJBARS ZBA and the Building Inspector to keep the stop work order("SWO")in place 6 NY,NJ&DC BARS NY,NJ&FL BARS until such time as the Building Inspector can determine whether the Applicant's Main Office as-built construction complies with all prior approvals and the Town Code. As 33 West second St. stated in our prior correspondence to the Board dated February 1,2022,we P.O.Box 9398 Riverhead,NY 11901 believe the current stop order is valid, legally sufficient, and complies with the 631.727.2180 requirements of the Town Code. The SWO should not be reversed. suffolklaw.com However, in the event the ZBA grants the Applicant's appeal to reverse the current SWO,due to any alleged deficiencies in its content and form,we maintain that the Building Inspector is obligate under the Town Code to issue a new SWO cured of any alleged defects. The Building Inspector's testimony, public comments,as well as comments from members of the Board made at the last public hearing and statements by the Applicant's counsel and architect all reveal that there are material questions of fact as to: (i)whether aspects of the 4P February 28,2022 Letter to Zoning Board of Appeals Page 2 of 3 completed work were reviewed and approved by the appropriate Town agencies,(ii)whether the as-built construction complies with the Town Code, and(iii)whether further permit modifications and/or applications to the HPC and ZBA are required to address deviations from prior approved plans. At the last public hearing,the ZBA requested that the Applicant submit the following items: 1. An as-built survey of the premises; 2. As-built plans and elevations; and 3. Any allegedly approved"amended"plans. As of this writing,the Applicant has failed to submit any of these requested items. We have reviewed the February 3,2022 letter from the Applicant's attorney,Eric Bressler,Esq.,in which he submitted a"corrected drawing"by architect Gary R. O'Connor that should have been included as part of Exhibit 5 to Mr.Bressler's February 1,2022 submission. This corrected drawing,which is labelled as "Sheet A-4"does little to shed any light on the ZBA's questions. The drawing is signed but not stamped and is of such poor image quality that the date of the drawing and any measurements are illegible. Furthermore,this drawing bears no stamp from any town agency as having been received or approved. Finally,sheet"A-4"does not appear in the plans contained in the ZBA's file for Application#6729,which granted approval on April 17,2014 to relocate the barn. Notably,the signed and sealed site plan and elevations dated October 18,2013 and last revised on January 21, 2014 which were stamped as"approved"by the ZBA,do not show the barn as having a raised foundation or first floor elevations of 8'. A copy of the decision and plans are attached hereto as Exhibit 1. We thank the ZBA for their time and consideration of our comments. Kindly file this letter in the record for this appeal and file for this property. Sincerely,, Martha .Reichert Cc: John Burke,Esq. Ms.Mariella Ostroski Mr.Michael Verity Exhibit 1 ZBA Decision #6729 Dated April 17, 2014 with Approved Site Plan and Elevations,prepared by Gary R. O'Connor, dated October 18, 2013 and last revised January 21, 2014 (Sheets A.1 A.3) N BOARD MEMBERS 9�SOvr Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�! 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantes Offige Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning ;Q. • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��'�+� Southold,NY 11971 http://southoldtown.northfork.netRE EI ED _ ZONING BOARD OF APPEALS fi 3 TOWN OF SOUTHOLD APR 2 5 2 4 . Tel.(631)765-1809•Fax(631)765-9064 Qj� So hold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION / l qp MEETING OF APRIL 17,2014 ZBA FILE:6729 NAME OF APPLICANT: Vincent Bertault PROPERTY LOCATION: 95 Navy Street(adj.to Willow Street)Orient,NY. CTM#1000-26-1-12.2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. 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 FACTS/DESCRIPTION: The applicant's property is a 19,905 sq. ft. in the R-40 Zone. The northerly lot line measures 65.93 feet along Willow St., plus 54.53 feet along an adjacent residential parcel. The easterly lot line measures 154.15 feet along a residential parcel. The southerly lot line measures 103.57 feet along Navy St., and the westerly lot line measures 207.70 feet along another parcel. The property is improved with a single family dwelling, and two accessory structures (a barn and a shed), as shown with the existing, and the proposed, new accessory structure locations, on the survey drawn by Peconic Surveyors, P.C. dated Dec. 12. 2012, and the site plan A.1 drawn by Gary R.O'Connor,dated Oct. 18, 2013. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's October 15,2013,Renewed January 24,2014 Notice of Disapproval based on an application for building permit for relocation of existing accessory barn and shed,at; 1)accessory barn and shed proposed in a location other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to move two accessory structures from existing nonconforming front yard locations, to a new nonconforming front yard location. The code requires all accessory structures,except in the case of waterfront parcels, be located in the rear yard. ADDITIONAL INFORMATION: The applicant's property is a through lot with frontage on two streets, and therefore has two front yards and no rear yard. The subject barn is estimated to have been built at sometime in the 1920's, and the shed was also built at some time prior to the enactment of the Town Zoning Code. The applicant wishes to preserve and restore both accessory structures and to relocate them to eliminate the current need to drive cars over the existing septic system and to create more open space for gardening and recreation in the center of his property. The file contains two letters of objection submitted by an agent of adjacent neighbors stating some concerns regarding the applicant's proposed project. The neighbor's agent submitted written information on the history of the subject property.The applicant's proposed project is subject to the review and approval by the Town Page 2 of 3 April 17,2414 p ZBA#6729—Bertault SCTM#1000-26-1-12.2 Landmark Preservation Committee. The applicant submitted a letter dated March 13, 2014 proposing to relocate the barn with a 25 foot front yard setback from Willow Street instead of the 20 feet setback as originally proposed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6,2014,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 5267-b(3)(b)(1). Grant of the variances to relocate two accessory structures,an existing,historic barn and shed from pre-existing, non-conforming front yard areas into new, non-conforming front yard locations will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property is located in an historic district that includes numerous buildings, including both principal dwellings and accessory structures, with non-conforming setbacks; all situated in locations that pre-date zoning. Many accessory structures are located in front yard areas.The average building front yard setback on Willow St. is estimated to be approximately +4 feet. The average front yard setback on Nary St. is estimated to be approximately+17 feet. The applicant proposes to re-locate the barn with a front yard setback from Willow Street of 25 feet and the shed with a front yard setback of 39.6 feet, and a 15 foot side yard setback on this irregularly shaped lot. The subject structures have valid pre-existing CO's, and the applicant's project must have the approval of the Town Landmark Preservation Committee, 2. Town Law&267-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 applicant's property is located between two streets, creating two front yards and the parcel has no conforming rear yard area.Therefore,the re-location of the two pre- existing accessory buildings to any other on-site location requires the granting of variances. 3. Town Law 5267-b(3")(3). The variances granted herein are mathematically substantial, representing 100% relief from the code for the accessory structures proposed front yard locations, instead of code required rear yards locations. However, this is mitigated by the fact that these two structures already exist in non-conforming front yards because this property has two front yards and no rear yard location in which to move the structures, and also because of the pre-existing non-conforming status of these two structures each with a valid CO. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel in 2005, after the Zoning Code was in effect, and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 5267-b. Grant of the variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of moving two pre-existing, non-conforming accessory structures to new non- conforming locations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Horning,seconded by Member Goehringer,and duly carried,to GRANT,the variance for the shed as applied for and shown on the survey drawn by Peconic Surveyors,P.C.dated Dec. 12.2012,and the site plan A.1 drawn by Gary R.O'Connor,dated Oct. 18,2013,and Page 3 of 3 April 17,2014 M —Benau SCT SCTM#f<1000-26-1-12.2 01000-26-l-122 .2 DENY,the variance request for the barn as applied and, GRANT ALTERNATIVE RELIEF, for a 25 foot setback from Willow Street for the accessory barn relocation,as proposed by the applicant in a letter dated March 13,2014,subject to the following condition; CONDITION: 1. The granting of the variances are contingent upon the applicant securing the approval by the Town Landmark Preservation Committee for the proposed project, if the application is denied by the Landmark Preservation Committee then this decision shall become null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before analving for a building nermit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan or survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department.Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the 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. Mote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dances. This Resolution was duly adopted(5-0). c Leslie Kanes Weisman,Chairperson Approved for filing /2014 Gary K.O'Connor PROPOSED BUILDING RELOCATION APCH�TECr,LLC. 102 North Uroon Strla j for the -Phone;e;W9.397.363 BERTAULT RESIDENCE PROJECT DATA 95 NAVY STREET,ORIENT,NY 11957 � a ABBREVIATIONS ARCHITECTURAL LEGEND 6 DN w IDvwFdttM AftiF"A- .19„90.5 SQ.FT — F.ml Dd4D.ro.FJwN F JK ui .°edm.a�P41a uvdd.N>. 6TRE, L�j usJoa:rws wx ,�.�AA sia �•da eww.w'�dm.m ax �N�a ____.._.-_.._ 11.LL a am --------- —To—, WlLLO95PAae W MAL N N.emy ou- n�ie wtltTm wm 0.m wt ......._—.-------- vAYuw Wirt '� °Nf¢3.M4 Am Ddo Mww. 'M ' Iaow ttA461QW11rtmVW F� Nei btlnww� wA. Nme6mov aea es YNmm .-_.----_ — mlM3lmTvflt. �. w1°'a u� v n°rFmrWro ��, 6•,,ocUs EL.5.2 MMA1E le'Noor u. Ix..< -._.....----- maJxLL.a _ N85'-8'30`r_.._- _ L568 Mi. Mo. 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Phone:609.3 vac�•ss�,. f 4' V BARN J CARRIAGE t 5E.#3 BARN J CARRIAGE HSE #4 ■k �'' ftmitR5wnl ow,xY RRg1ER SiRpPr,OPJExl,xr 9-,5T�D1,r5,m Iza VIEW OF PPOP05ED BARN LOCATION FROM WILLOW STREET rw- f-1 � 3 ,y BARN/CARRIAGE HSE.#2 VIEW OF PROP05ED BARN LOCATION FROM VINCENT STREET 0191F�GC CRUN DARN?p inl:1I2EET_I?-0' -Axt 8 fxti �4_ LYwisrxr�0'�[cw.xlKaS� +�v9.o.6eY orY)de 1v !c. PROP05ED BRING RELOCATION e°Rt�ill Z ei a[5locxcF ii Nr 9t7 BARN/CARRIAGE t15E.#I mcmllF1r11, FRONT VIEW OF BERTAULT BARN a, olsrulc rw,nnex ro rxx er..une=ra' .__ ti A.2 LOCATION/PHOTO MAP INDICATING NEIGHBORHOOD CHARACTERISTICS AND PRECEDENCE OF BARN � CARRIAGE HOU5E5 Gary R. O'Connor REAR ROOF IT-I I'_ E0.EO Appy ' Q ,._ 0------------' - ,.•,-.---, - ARCHITECT.LLC. w9 m •' }`,`•+' _ ,s�s4 . 102 North Union 5 .. treet a 1 r 1 553 ,.,+',•�,'r - 1.. P w:609 397 3635 p VNER _..19 REiiRDOM ,• SECOND 800.28'-0�' I— 1 GadINDFu�oRo4r ,.. .',' — EAST ELEVATION — f '— fRDM ROOF Ie'9'k .,. y�v , „hi:•;;i .[iii;3- iv:•.'"";S•;/:``• iOP RATE I2'-0j' � - •.''...vw,`Pa ,y4„ , . _. SECOND FIOJR B'-0� GROUND ROORO�R � � — WEST ELEVATION ; ,IW0V5AMMSIMIue 07 l INW,01 STWIMM,INC 1------ 1 I. In EXISTING BARN FLOOR PLAN Pill JAN 8B2014 SCNf:114"I'-0'. I I (E)DET CHED I i7T1 E:�•;:n;'"..-r:T,:.i.�; I I — PRONf ROOF 189'k I I ,-�,�,'..";, —'"PSARRDOP IT_I I'± r_.-. � ,.t` , ••, - _ _._...................—___...._. :•... - 1 „�;., "•' •' .,�` ' .,,.>:4�„ ELEVATION I WEST fff _ i02 RA1f 12'A�'__ „ " I I ....—SM,.I/4'^I'4 m RLVUION9 11-E -- FIRST FLOOR PLAN 6, - 1�I PROP05FD BUIU)ING�RfLOLAiION I eEiyRyP�llLiRL;iAROEN7CE OPJFNi Nf911957 ws m ../ GROUNDFl00R 04T - -..- _.___.._...-_—.... O� RA164ElEvanoN5 u.,c Im_ awxrcm. —— —— SOUTH ELEVATION NORTH ELEVATION A.3SOUTH ELEV . u u go i Twomey 05 Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Thomas A.Twomey,Jr. March 16,2022 (1945-2014) John F.Shea,III j Christopher D.Kelley David M.Dubin •: Jay P.Quartararo t MAR 11 �)..Z)J.� Peter M.Mott Janice L.Snead Kathryn Dalli By Email and Federal Express _ �j Reza Ebrahimi Ms.Leslie Kanes Weisman Jeffrey W.Pagano u Chairperson Karen A.Hoeg Bernadette E.Tuthill Zoning Board of Appeals Craig H.Handier Town of Southold Bryan J.Drago Daniel R.Bernard to 53095 Main Road SENIOR COUNSEL Southold,NY 11971-0959 Stephen B.Latham ASSOCIATES Re: Application of Vincent Bertault No.7580 Lorraine Paceleo Request for Reversal of Stop Work Order Issued 8/24/2021 Terrence Russell Property of Vincent Bertault Christina M.Noon A.Chadwick Briedis Premises: 95 Navy Street, f owOrient Town of Southold,New York Martha F.Reichert SCTM#1000-26-1-12.2 MaryKate L.Brigham Jacqueline M.Morley OF COUNSEL Dear Chairperson Weisman and Members of the Board: Lisa Clare Kombrink Kevin M.Fox This firm represents the Friends of Historic Orient(FOHO),a group Patricia J.Russell comprised of over forty neighbors and members of the Orient community,in Jennifer P.Nigro ® `J Craig Gibson connection with their ongoing concerns over unauthorized construction activities Joan Morgan McGivem at 95 Navy Street, Orient(the"Premises"). As stated in our comments at the Scott Handwerker March 3, 3022 public hearing on Application#7580,and in our prior a BARSA7 LLMINT)(A } LM IN TA710N correspondence our group maintains that the the Stop Work Order("SWO")is r NYYf&NJJ0aARS not void for vagueness. Contrary to the Applicant's conclusory allegations,the NY,NJSf1BARS SWO complies with the legal requirements of the Town Code and was validly Main Office issued. 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 Our review of the as-built plans and elevations submitted by the 631.7272180 Applicant, as well as the testimony provided by the Applicant's counsel and suffolklaw.com architect, confirm what the Historic Preservation Commission("HPC")has been advising for many months:namely,that the barn as currently constructed does not match what was approved under the HPC's Certificate of Appropriateness granted to the Applicant by Resolution#6.17.14.1 on June 18,2014. A copy of that approval is attached as Exhibit A. The following are our additional comments regarding the Applicant's submissions to the record on March 1 and March 3, 2022. March 16,2022 Letter to Zoning Board of Appeals 6P Page 2 of 4 I. As Built Plans and Elevations Do Not Match the 2014 HPC Approval The 2014 HPC Approval attached as Exhibit A granted a Certificate of Appropriateness to relocate the existing barn based on"the proposal as outlined in plans dated October 18,2013, and amended on January 21,2014,on May 28,2014, and last amended on June 11,2014,by Gary R. O'Connor,architect"(the"HPC Approved Plans"). See Exhibit B. A comparison of the barn's west elevation in the HPC Approved Plans with the as-built plans dated February 14,2022 by Gary R. O'Connor show that the Applicant has indeed made a material and unauthorized change to the roofine in violation of the 2014 HPC Approval. See Fig. 1 and Fig. 2; see also Exhibit B and Exhibit C. rRarRwR ieg s . µ. rcP rare 1 r-0$' "•. u '' _ _ _ 4 �s.�-DnoaRso�-- "amu :, K '..'•' i .. ., i m r yr. GftOIDO UNDfR O-0' �jE1FJATMH�.b1—______ WE5T ELEVATION ON!COWR i scuE:iu•=r-a Figure 1-Detail of Barn, West Elevation-taken from Drawing No.A-3("Proposed Build Relocation" 'Plans and Elevations"),prepared by Gary R.O'Connor,Architect,dated 10/18/13,last revised 06/11/14. See Exhibit B. ------------------- --------------- Figure 2-Detail of As-Built Barn, West Elevation-taken from Drawing No.A-2("Elevations-Current Status'q,prepared by Gary R. O'Connor,Architect, dated W15/22. See Exhibit C. As such,these changes to the barn's roofline must be reviewed by the HPC pursuant to Chapter 170 of the Town Code,and no further work should be allowed to occur on the barn until the HPC renders a decision on whether to legalize the changes to the roofline. Additionally,FOHO member,Robert Harper,voiced concerns at the March 3,2022 public hearing about whether the Applicant would comply with the approved fenestration of the barn, given the way the barn is currently framed. Finally,there are retaining walls that front on public March 16,2022 Letter to Zoning Board of Appeals 44P Page 3 of 4 streets,such as Willow Street,which are clearly visible to the public. At a minimum, any walls, regardless of height,that can be viewed from public streets and abut neighboring properties should be reviewed by the HPC for conformity with the historic district. H. No Survey of Current Conditions Was Submitted We note that the as-built Current Conditions Site Plan(Sheet A-1), dated February 15, 2022, contains the following notation: NOTE:SITE PLAN INCORPORATES DATA FROM SURVEYS PREPARED BY: PECONIC SURVEYORS,P.C.,SOUTHOLD NY 11971 DECEMBER 12,2012 MARCH 2,2020 NOVEMBER 23,2020 WARD BROOKS,LAND SURVEYOR, BLUE POINT,NY 11715 OCTOBER 29,2021 We further note that no survey of current conditions was submitted in connection with this appeal even though it appears that one was prepared by Ward Brooks last revised October 29,2021. The Site Plan on Sheet A-1 contains spot elevations of the height of the retaining walls;however,we note that there is nothing to indicate whether these elevations were from prior plans showing proposed wall heights or whether they reflect actual current field conditions. Furthermore,there is no indication upon which NAVD was used as a benchmark for these elevations. Once again,crucial information is missing from these as-builts. M. Questions about the Height of the Elevated Barn and Walls We ask the ZBA and the HPC to request further clarification from the Applicant regarding the height of the retaining walls as they currently exist in the field. We also ask that the Building Inspector determine whether the raising of the barn upon a heightened foundation changes the way the barn's height should be measured,and to determine whether any additional variances are needed from the ZBA for the project to proceed. IV. Request to Leave Hearing Record Ogen for HPC Comments Finally,we ask the ZBA to grant an extension of time to leave the hearing record open for written comment from the HPC,which is certainly an interested agency in this matter. We note that the HPC has not met since the ZBA voted to close the public hearing on March 3,2022 while it left the record open for written comment until the Special Meeting on March 17,2022. As such,we respectfully request that the hearing record be left open for an additional two weeks March 16,2022. Letter to Zoning Board of Appeals Page 4 of 4 ✓� —until March 31,2022. This will afford the HPC one week to make written comments following their meeting on March 24,2022. We thank the ZBA for their time and consideration of our comments. Kindly file this letter in the record for this appeal and file for this property. Sincerely,. Marth/.Reichert Cc: John Burke,Esq. Ms.Mariella Ostroski Mr. Michael Verity Schedule of Exhibits: Exhibit A: 2014 HPC Approval dated June 18,2014 Exhibit B: HPC Approved Plans and Elevations, Sheet A-3, dated October 18,2013 and last revised June 11,2014,prepared by Gary R. O'Conner Exhibit C: Site Plan and Elevations—Current Conditions-Sheets A-1—A-2,dated February 15,2022,prepared by Gary R. O'Connor Exhibit A 2014 HPC Approval dated.Tune 18, 2014 oqF SO�jyo Telephone (631)765-1802 ti �O Town Hall,53095 Route 25 Fax (631)765-9502 P.O.Box 1179 er+ Southold,New York 11971-0959 COUMy, SOUTHOLD TOWN LANDMARK PRESERVATION COMMISSION RESOLUTION#6.17.14.1 June 18,2014 Certificate of Appropriateness RE: 95 Navy Street,Orient,SCTM#1000-26-1=12.2 Owner: Vincent Bertault RESOLUTION• WHEREAS, 95 Navy Street,Orient,NY is on the Town of Southold,New York State and National Registers of Historic Places,and WHEREAS, as set forth in Section 56-7(b)of the Town Law(Landmarks Preservation Code) of the Town of Southold,all proposals for material change/alteration must be reviewed and granted a Certificate of Appropriateness by the Southold Town Landmarks Preservation Commission prior to the issuance of a Building Permit, and WHEREAS, an application was submitted to relocate an existing accessory barn and an accessory shed on February 28,2014 and WHEREAS Commissioners met with the applicant to review the proposed project on April 15,2014,and WHEREAS, a public hearing for the purpose of considering approval of the proposal was held on June 17,2014,and WHEREAS, the proposed relocation of the historic barn and shed,according to the plans submitted,will result in the structures being restored and preserved as is,and WHEREAS, the proposed relocation of the barn and shed will afford the applicant the ability to maximize the use of his property while preserving the character of the structures,and WHEREAS, the relationship between the existing barn structure and the main dwelling was significantly altered when the property was previously subdivided with Southold Town Planning Board approval,and WHEREAS, there are longstanding precedents for relocating such historic structures throughout the Hamlet of Orient and the Town of Southold, and WHEREAS, the new front yard location of the barn structure(facing Willow Street)is in keeping with other properties in the surrounding area,and WHEREAS, the proposed relocation of the bam structure was approved by the Southold Town Zoning Board of Appeals(#6729)on April 17,2014,and WHEREAS, the applicant has agreed to make a good faith effort to preserve the property's existing trees and shrubs (particularly the holly trees)during the relocation process,and WHEREAS, a letter was submitted to the Landmarks Preservation Commission on July 30, 2014,by Michael Johnson,of Johnson Tree Co.,Orient,outlining how to protect the willow tree adjacent to the proposed location of the barn structure.The letter will be part of the applicant's final building permit application and,it appears that the project requires no further review, NOW THEREFORE BE IT RESOLVED,that the Southold Town Landmarks Preservation Commission determines that the proposal as outlined in plans dated October 18,2013,and amended on January 21,2014,on May 28,2014,and last amended on June 11,2014,by Gary R. O'Conner,architect,meet the criteria for approval under Section 170-8(A)of the Southold Town Code. BE IT FURTHER RESOLVED,that the Commission approves the request for a Certificate of Appropriateness. MOVER:James Grathwohl, Chairman SECONDER:James Garretson,Commissioner AWES: Surchin,Parker,Feiler,Garretson,Grathwohl NAPES:Harper ABSTAINED:Webb RESULT:APPROVED Please note that any deviation from the approved plans referenced above may require further review from the commission. Signe &Chairman, Ja es F.Grat o Landmarks Preservation Commission Date:TBD Exhibit B HPC Approved Plans, dated October 18, 2013 and last revised June 11, 2014, prepared by Gary R. O'Connor --- Gary P.O'Connor .-T 1.l wor 17_11.. �_ ;;�,.�''- - +r:s.:` > , :;'.$;,s;,;; :s:s;;•,,,,,,, ,,;;;,, ARCHRGr,UC. V , 5;'.*.,.,,...,,•,_'£.. `"'4'` _ 102 Nath Unon Street i '`' ;';3; r ,', ,,,,,,t�,•,,`,=v`�',%"--;-s.,"=',`:,�:`i:;;i;;t�'�:'si;';> s.. .Ulb h+0e,W08530 xruG02055a ;,s;;, Wiz„,•, ""'" 5 � ,.,.,,,,, `` sc'�,`•_,"•,''S.�,�,= s;,,,�'''' Phale:609 — Tornare Izw�' ,s,,,,,,,,,,,,,,, ,•,_;,:_;,;;•'• h•,<;,•,,�., �;;�'�-�'''> '�',���Sv . „v,,,•„„_ .397.3635 , r� I 16 n5TWOM ,I f I I L:T—_ .H: [:1[ HMO BAPRa 59N AROR M/rJ19e91W1L1UR6,aL. i 9mc rwmwr - tH TON¢CO= EAST ELEVATION,,,.,,,•,ra i ror narE•Izo$ I `1!-..:::� �.,'''�,`„ ,. j:,,`,�''r:��;;;ei: ;� �:,,,`;;yt'�s'�'�',�v'.%,�%"°,,: I I rr SPLONU FiDORe'-0� I I I '� . ,. l e-rmvA0rDI1ND -6 0.0 _ WEST ELEVATION�:,H•_,Q ���'R I BARN FLOOR PIAN it I I I – I I � •J ' i (E)DET CHED rmff FOar 16� .- rZARg IT_II.._._.___.__ ,"('_ F.,• f, Vii=`? I , -ZS__ — ` "••' _ I I WINS wrmmen Ynw'i�mmwl ` `# `.{` .•`,vv3 ,.;,-„• ,; -fir. ;,;,;n- I I I I 4 ,.',i4'• „ .+ I mwl9 raeamwwlmrn xrmVx 4 � 4.'';;x, ,.,.,.,,,;•4 `� ELEV , ` "```''``�'�� '4"•'z” �•�,,,�.�,�-,;'' •;,'," — ror nAre lzo3------ i i 9WEI B Ar Li IOIIADINGIR.12-Tse I ;; WEST T � � m ---- RFS 1 f 11 eaa®xDoae�.,..,a ' SFLOND BOORD'-0} - %', :�<`•,;:�•';:;;,;,,,. � - ---- — mamexo FLOOR PLAN � _ Y I 'fi�]i SIH•-ra � �ra� FROPMED NILDINI3 RWCATION LJLT OW@If,M'11957 f1UN0 1sm5 wm0R taturo �fW11DN0.01 nArsrarvAiars ... nae la__ w,+*•c.n GW`l£iPAVr2 BY 91WILNRf9,MG 50UTH ELEVATION NORTH E ATION was vr_I SOUTH ELEVATION :,H._„a , u u ,„'" A-3 �_ i Exhibit C Site Plan and Elevation— Current Conditions -Sheets A-I —A-2, dated February 15, 2022,prepared by Gary R. O'Connor GARY R.O'CONNOR WILLO N85.28'30T°E _-----65.93' EL.5.2' PECOMC611mftV EVOf aBPC60UDXMD NY t1%1 ARCHIIEDT,AIA wz —_____—__—__—__ NO—RTIDB Cyd Sht 11�BR0016,UNO SDRVEY00.B4.0:POwT�NY 8L.Tbt.�NJm539 NYlC.0A551 I I Rim B.w.sz ocloeBam,mzt Rue:509.397.3835 �..� .0'(' v I I A116 I O wAu 4 I tql STATUS OF BARN COMPLETION: I 1.FOUNDATION-RELOCATEDTORE ONE COMPIU HEIGPR-COMPIETEDWMPEMD.(C8p I , 1 r •�00 0j2 BUBDINGRELOCATED- (C60 pp i Q i NEW RBOC iMME AND SH.( -(C&9 \\k .83 ALWpSCgPF WALLS.—&mSFPIC DIPICRD RPDPIGAN g.W.sC ELgN O IOCATION AS ONG ZB 1 I CPAwAGFPUN1Of1RBPAREDBY WNDON ENGINEEPw4 v.G DAIFDiP/1(dl.- WALLS 1 99 § \ oRow�n I / - .rave raBwD I � I I �Wae:BN.IAIP I I rine ..............29............. .W.83' B.w.zm' a.w.Na' N89°55' 4 i �, i a.•zee 00°E 54.53' _ i i 'I eHm I Ei.•Ta' T.w.rz.w.EL.6.6' �______ /r:W'asae•N.0 I e.w.7z - A 'I EL.1.p Fl.i$T m 1 I PRE— I I I I I ' VNBBClPE 1 I I I IhNfi N✓l I I I I I .W atr I I o�nx�eroraE I I � cpm � w.av rw.Btr I I � � c l cwmEN GAR I ' Pe _ I wAu GROUND FLOOR PLAN: ATTIC FLOOR PLAN: 6GlE:1k'•t'D' 6CPLE:1/4••T-0' Lot 1 .1t2 C2 tl O ,. d ': E9�1 Pnwoma REVIBIM I § �"°�� �I�L+� �� C.J PR00011YBBADING LOGTION r ® t-� BBIDJRTBE90ENCE r SITE PIAN-CURREMWORKASSESSMENf S I B.s 8 exsnxDW PDaDH SITE PLAN: EL48: • S82°49'40°W 17.8' -------- BwBn EL.6.0' A-1 ` NEW CEDAR ROOF NEW CEDAR ROOF Q RIDGE INTERSECTION INTERIOR ROOF CONST.®NEW BEAMNALLEV NAVY STREET 8.,:,eB amc GARY R.O'CONNOR ARCHITECT,AIA BC wst-w lmBeMee,Fu M530 Mruc.P�ssA x=, rz".,"i:;;=¢_,_:=:;!dF; ;,::;!:,�c=.;.:q!:.;=-,r.a,: -------------A �� �----'------------------------- ROPFHEtPIRPEROLWVEY IIPJBX• .eFv.-�:if- ..e..a.z.:.a.:e."iF.�.a•'x"'.cz.�e.:n! .r..n.. ..v:.e.- x'z..v..x?z`z..e..�>1'z- uz�i�<?:: v'c=e!'^:i?""vz moi'.==e-Fri?::ir_ia:� �;r�:n?::i�-:i:= r r^ .. ::.. ...:•:a:x—a' e a's-•!i:°!i:xi<a-:avi_re..i..yf._a�!ir::r�zT:xa'�i:.tx.yz.yn.z^.:zx���a!-::"--:�3:!�i:.^;e::yx.zz.yv.,,n_vc ..sx.,,u.,v.yaxux-,r .,a-..er-._ e._". ....:v eF-:'.=:2�:v=v'+i:i+� r-moi' s:,x;� ?:2'-: '�:.�:2.sa r:^.?:,K•x' z _ _ '-¢z s...,u:va��.zx �e�'iz' -�o.*-e.s:y...vuau.vz?�i:".2 czzs.:ie'lui:xz�fii• va'3i' !i:�.z?`!�•_ -x—z_s:e x- .. x 1-:_°._ry z.z::i-x=:z�vli: vr.�;y�.'.,v e:,i;��°!;!��i r-'Fi�.aa��e�°:e i:.•s-a-z� �_�i.�,!i!,�s_s��_ sir.. c ..._�z•.::u::e.:�-r=z*.::e.::?:i?�i?::e..�_��a xRvz'—' I �a NR91ROp0IOPL' I FPRBM li00R IOPP ��'AmXeeT-_—_—_—_—_—_—__ j BARN WRAPPED IN WEATHER BARRIER (J)NORTH ELEVATION WEST ELEVATION auela.rJ RoorxuclrtREawnar,IeaaX x, - i'"!i:xz e:.x. ..�a::n..x- �:!-e::rz_..a.e_v,rs .vzz:v:"�v:':r`Z-•� y >r�Yy !P.2xx au zyz _�y.3i:!;i:i,s;za vi.eF's`' ::>r�r� ::uz�:::':a?-n! �'"-i:e a z'iz�•:v:°:e:':..v'z?;:v^.i:e';:e ax. ..,F.�'2{�;z•;'-iv:i't:°%' , r'�:i2'i ,.xz :..uz:i z.:g.a _ -n.?.'_ii_^.�:iF,:d''z• =:r?'_ ;�:eF�z ?;::2'-z.:�l:ism-zr.';is::c::crz>i:!�i:!ii..le.zrz:.ie::i ;x FY.ux.iv, � a: .. e=;_'xix�i !;:F'-Fit'?•-'a:��r _ e!I 1 I�YISION9 iwusMaooR,avo{ain,.noXeei-- W09100WR1mPl8EVA11�11 I P wm;BUmMLOCAMN —1—CE 00 MAW 9RFEf,PRIFalt,XEW YPAR 1109 FIEVATIONS-CURPENT SPANS A-2 (3)SOUTH ELEVATION (4)EAST ELEVATION uA�,M•ra 2�— Twomey MA Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Thomas A.Twomey,Jr. March 17, 2022 (1945-2014) John F.Shea,III Christopher D,Kelley David M.Dubin -.- Jay P.Quarlararo i Peter M.Mott By Email and Federal Express Janice L.Snead Kathryn Dalli Roza Ebrahimi Ms. Leslie Kanes Weisman Jeffrey W.Pagano M Karen A.Hoeg Chairperson Bernadette E.Tuthill Zoning Board of Appeals Craig H.Handier1" 10 Bryan J.Drago Town of Southold Daniel R.Bernard TA 53095 Main Road V SENIOR COUNSEL. Southold,NY 11971-0959 Stephen B.Latham Re: Application of Vincent Bertault No. 7580 ASSOCIATES Lorraine Piceleo Request for Reversal of Stop Work Order Issued 8/24/2021 Terrenu,,Russell Property of Vincent Bertault Christina N4,Noon A,Chaalwick Briedis Premises: 95 Navy Street, Orient, Town of Southold,New York Martha R Reichel SCTM# 1000-26-1-12.2 MaryKate I,.Brigham Jacqueline N1.Morley Dear Chairperson Weisman and Members of the Board: OF COUNSEL Lisa Clare Kombrink Kevin M.Fox This firm represents the Friends of Historic Orient(FOHO), a group Patricia J.Russell comprised of over forty neighbors and members of the Orient community, in Jennifer P,Nigro * Craig Gibson connection with their ongoing concerns over unauthorized construction activities Joan Morgan McGivern at 95 Navy Street, Orient(the"Premises"). This letter will briefly address certain Scott Handwerker issues that have become apparent from reviewing the submissions to the record by NYkLACARS u.,�iiNVIIIXXNON Eric Bressler, Esq. dated March 15, and March 16, 2022, and by HPC NY&NJ WIR111 Chairperson Mariella Ostroski dated March 16, 2022. MY,NW?DQ MRS My,fu ti Ft.BARS Main Office Our observations concern the 2014 review and approval of the barn 33'West Second St. relocation by the ZBA and the HPC. ZBA Decision No. 6729 was rendered on P, .B.9398 Riverhead,NY 11901 April 17, 2014,-and specifically states: 631.727J180 suffolklaw.corn GRANT,the variance for the shed as applied for and shown on the survey drawn by Peconic Surveyors, P.C.dated Dec. 12,2012,and the site plan A.1 drawn by Gary R. O'Connor, dated Oct. 18, 2013. DENY, the variance request for the barn as applied and, lr. � March 17, 2022 Letter to Zoning Board of Appeals �(J Page 2 of 4 GRANT ALTERNATIVE RELIEF, for a 25 foot setback from Willow Street for the accessory barn relocation, as proposed by the applicant in a letter dated March 13, 2014, subject to the following condition... What emerges is that the ZBA granted alternative relief by accepting the 25,ft. setback first proposed in a letter dated March 13, 2014 from the Applicant's architect Gary O'Connor. However, neither the survey nor the site plan referenced in the ZBA's Decision show the 25 ft. setback. Moreover,the ZBA's Decision actually omits the elevations from the written determination. To wit: the Decision lists only the survey drawn by Peconic Surveyors, P.C. dated Dec. 12, 2012 and"the site plan A.1 drawn by Gary R. O'Connor, dated Oct. 18, 2013." (emphasis added). Additionally, the March 13, 2014 O'Connor Letter,the Peconic Surveyors survey, and the Site Plan A.1 are the only items bearing the ZBA's approval stamp. It is disconcerting that the Applicant never submitted revised plans and elevations,to the ZBA showing what it intended to build. A copy of the complete decision file, as downloaded from Laserfiche, is attached as Exhibit A. In essence, the Applicant snuck elevating the barn into its alternative proposal to increase the setback from Willow Street from 15' to 25', meaning that elevating the barn was never properly reviewed by a building permits examiner to ascertain whether it would require any variance relief. As such, it is vitally important to determine whether any additional variance relief is required to legalize the as-built construction on the Premises prior to allowing construction to resume. Our next observation is that the ZBA and the HPC reviewed and approved two very different sets of plans from the Applicant, which has led to internal confusion as to what was approved and by whichlown agency. To wit, the HPC decision,which was rendered on June 18, 2018, approved"the proposal as outlined in plans dated October 18, 2013, and amended on January 21, 2014, on May 28, 2014, and last amended on June 11, 2014, by Gary R. O' Connor, architect."For comparison, the plans and elevations contained in Sheet A.3 dated October 18, 2013,which were reviewed by the ZBA in 2014, and Sheet A-3, last revised June 11, 2014, which was reviewed and is referenced in the HPC's 2014 Certificate of Appropriateness, are attached as Exhibit B. If the elevated barn requires any relief from the dimensional and bulk regulations of the Town's zoning ordinance, then only the ZBA and not the HPC can grant such relief. However, the Applicant here has clearly violated the terms of its 2014 Certificate of Appropriateness by changing the roofline without prior approval by the HPC. To that end,we concur with the March 16, 2022 letter from Chairperson Mariella Ostroski that: Chapter 170-12,Enforcement, indicates that this applicant is subject to a stop work order until the reasonable conditions of their 2014 Certificate of Appropriateness are complied with. Evidenced March 17,2022 Letter to Zoning Board of Appeals I Page 3 of 4 here is that the status is the same and our disposition has not changed. The HPC continues to believe the applicant is not in compliance with the2014 Certificate of Appropriateness for the Barn and the stop work order is prudent and appropriate, at this time. (Emphasis added). We urge the ZBA to keep the Stop Work-Order in place until such time as the Applicant complies with its prior approval and the Town can determine whether any additional approvals and relief are required. We thank the ZBA for their time and consideration of our comments. Kindly file this letter in the record of this appeal and the file for this property. Sincerely, 10, If Martha F. eichert Cc: John Burke,Esq. Ms. Mariella Ostroski Mr. Michael Verity Exhibit A 2014 ZBA Decision fius� 5 ql oc704 6S zol// Z vtc� '✓� per,'f, v-x-� ,n PAV-,- W'/C l - BOARD MEMBERSOF$Ovr Southold Town Hall Leslie Kanes Weisman,Chairperson �� y0 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard R Goehringer Town Annex/First Floor,Capital One Bank George Horning �►O • ,^�aa�O 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�CQ N�` Southold,NY 11971 http://southoldtown.northfork.net RE E1 ED ZONING BOARD OF APPEALS Ir 3 TOWN OF SOUTHOLD APR 2 5 Tel.(631)765-1809•Fax(631)765-9064 Q So hold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 ZBA FILE: 6729 NAME OF APPLICANT: Vincent Bertault PROPERTY LOCATION: 95 Navy Street(adj.to Willow Street)Orient,NY. CTM#1000-26-1-12.2 SARA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. 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 FACTS/DESCRIPTION: The applicant's property is a 19,905 sq. ft. in the R-40 Zone. The northerly lot line measures 65.93 feet along Willow St., plus 54.53 feet along an adjacent residential parcel. The easterly lot line measures 154.15 feet along a residential parcel. The southerly lot line measures 103.57 feet along Navy St., and the westerly lot line measures 207.70 feet along another parcel. The property is improved with a single family dwelling, and two accessory structures (a barn and a shed), as shown with the existing, and the proposed, new accessory structure locations, on the survey drawn by Peconic Surveyors, P.C. dated Dec. 12. 2012, and the site plan A.1 drawn by Gary R.O'Connor,dated Oct. 18, 2013. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's October 15,2013,Renewed January 24, 2014 Notice of Disapproval based on an application for building permit for relocation of existing accessory barn and shed,at; 1)accessory barn and shed proposed in a location other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to move two accessory structures from existing nonconforming front yard locations, to a new nonconforming front yard location. The code requires all accessory structures, except in the case of waterfront parcels, be located in the rear yard. ADDITIONAL INFORMATION: The applicant's property is a through lot with frontage on two streets, and therefore has two front yards and no rear yard. The subject barn is estimated to have been built at some time in the 1920's, and the shed was also built at some time prior to the enactment of the Town Zoning Code. The applicant wishes to preserve and restore both accessory structures and to relocate them to eliminate the current need to drive cars over the existing septic system and to create more open space for gardening and recreation in the center of his property. The file contains two letters of objection submitted by an agent of adjacent neighbors stating some concerns regarding the applicant's proposed project. The neighbor's agent submitted written information on the history of the subject property. The applicant's proposed project is subject to the review and approval by the Town Page 2 of April T7.2014 iA ZBA#6729 729—Bertault v \\ SCTM#1000-26-1.12.2 Landmark Preservation Committee. The applicant submitted a letter dated March 13, 2014 proposing to relocate the barn with a 25 foot front yard setback from Willow Street instead of the 20 feet setback as originally proposed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6, 2014,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 5267-b(3)(b)(1). Grant of the variances to relocate two accessory structures, an existing,historic barn and shed from pre-existing, non-conforming front yard areas into new, non-conforming front yard locations will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property is located in an historic district that includes numerous buildings, including both principal dwellings and accessory structures, with non-conforming setbacks; all situated in locations that pre-date zoning. Many accessory structures are located in front yard areas. The average building front yard setback on Willow St. is estimated to be approximately +4 feet. The average front yard setback on Navy St. is estimated to be approximately+17 feet. The applicant proposes to re-locate the barn with a front yard setback from Willow Street of 25 feet and the shed with a front yard setback of 39.6 feet, and a 15 foot side yard setback on this irregularly shaped lot. The subject structures have valid pre=existing CO's, and the applicant's project must have the approval of the Town Landmark Preservation Committee. 2. Town Law &267-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 applicant's property is located between two streets, creating two front yards and the parcel has no conforming rear yard area. Therefore,the re-location of the two pre- existing accessory buildings to any other on-site location requires.the granting of variances. 3. Town Law &267-b(3)Q1)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code for the accessory structures proposed front yard locations, instead of code required rear yards locations. However, this is mitigated by the fact that these two structures already exist in non-conforming front yards because this property has two front yards and no rear yard location in which to move the structures, and also because of the pre-existing non-conforming status of these two structures each with a valid CO. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law§267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel in 2005, after the Zoning Code was in effect, and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of moving two pre-existing, non-conforming accessory structures to new non- conforming locations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Horning, seconded by Member Goehringer,and duly carried, to GRANT,the variance for the shed as applied for and shown on the survey drawn by Peconic Surveyors,F.C.dated Dec. 12. 2012,and the site plan A:1 drawn by Gary R. O'Connor,dated Oct. 18,2013,and Page 3 of 3 April 17,2014 ZBA#6729—Bertault SCTM#1000-26-1-12.2 1�v DENY,the variance request for the barn as applied and, GRANT ALTERNATIVE RELIEF. for a 25 foot setback from Willow Street for the accessory barn relocation,as proposed by the applicant in a letter dated March 13,2014, subject to the following condition; CONDITION: 1. The granting of the variances are contingent upon the applicant securing the approval by the Town Landmark Preservation Committee for the proposed project, if the application is denied by the Landmark Preservation Committee then this decision shall become null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan or survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ryes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0).Leslie Kanes Weisman, Chairperson Approved for filing/�/— /al /2014 Gary R. O'Connor-Architect,uc 8 Coryell Street, Lambertville,New Jersey 08530,609-397-3635 March 13,2014 FINAL MAP Zoning Board of Appeals REVIEWED 8Y ZB Town of Southold SEE DECISION #(p2-,_,_ Town Hall Annex DATED 1- l�1�� MAR 19 ?.C,�4 53095 Main Road / C . Southold,NY 11971 1 Re: #6729 -Bertault Residence Accessory Building Relocation (VIA EMAIL and US MAIL) Dear Chairperson Weisman and Board, Mr. Bertault and I have received and reviewed testimony (pages 26-32 of 33) from the J. and J.Woodhouse#5218 Sub-Division hearing as forwarded from the office of Patricia C.Moore. We respectfully fail to see the relevance of this testimony as it pertains to our particular case. We understand there is concern for the well-being of all existing structures on this property. As per the testimony at the hearing, Mr. Bertault shared his vision of restoring the barn to its original integrity and character. It is not uncommon in preservation history for older structures to be repurposed and/or relocated. As such, you can see on the website of The Oyster Point Historical Society, the stories of several buildings which have been relocated for various reasons over the years. In reference to Ms. Moore's letter of March 5, 2014,we would like to comment as follows: 1. Comment: Setback variance from a"front yard"which requires a minimum of 35' when 20' is requested. Response: It was reviewed during the hearing that the survey indicates an average setback of buildings along Willow Street to be 4.1' where we provide 20' which we believe to be a reasonable distance given the location of similar structures in the neighborhood. 2. Comment: Accessory Building Exceeds maximum size permitted of 660 S.F. and exceeds 18' in height. The barn is 850 S.F. and the height is not provided. Response: The barn is a pre-existing non-conforming structure. The height of the building appears in two locations. On Drawing A-1, under Zoning Computations the Existing and proposed height is indicated. Additionally, on Drawing A-3 the height is indicated on the Building Elevations. 3. Comment: The Flood Zone may affect the height of the existing structure. The Flood Zone is AE 6 which requires the finished flood elevation to be a minimum of 8'. It is not clear what the owner intends to do with the relocated structure and at what height the foundation will be built. /I 1 Zoning Board of Appeals 1R March 13, 2014 1 Page 2 of 2 Response: As discussed during the hearing,the barn shall be used to house a vehicle and maritime equipment. The proposed finish floor elevation is 7' where it is presently 6.1'. While 7' conforms to FEMA regulations, it does not conform to local regulation requiring (2)foot of freeboard. It is my understanding following a conversation this week with Mr. Michael Verity of the Building Department that a 7' floor elevation would be permissible provided the building walls received flood vents. Mr. Bertault prefers not to have flood vents on the barn walls and would prefer to amend the proposed finish floor elevation to 8'. In doing so, we also propose the adjustment of the street line setback to be a more favorable 25' in lieu of 20' originally submitted. The adjusted barn height will be 18'-9" above finish grade to the ridge for the elevation facing Willow Street. The top plate of the barn side wall is an average 13.9' from grade as grade varies from east to west. In closing, I would like to reiterate that the rational to relocate the barn resides with the Owner's stated goal of restoring the barn, eliminating vehicular traffic adjacent to the house/across the septic system and for the simple pleasure of creating quality open space in the center of the property for gardening and the Owners enjoyment. We trust the Board finds this request for relief to be just and reasonable. Sincerely,. Gary R. O'Connor, AIA Architect Cc: File Mr. Vincent Bertault, Homeowner FINAL MAP REVIEWED BY ZB SEE DEC [ON # DATED I�Z I AREA= 19,905 SO.FT, N SURVEY OF PROPERTY AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-26-01-122 SCALE 1'= 30' DECEWBER 12, 2012 APRIL 25, 2013 (LOCATED WaQ , C4,7 4Y WILLOW 4,5 STREET N8578'30'E 65.93' ase' LOCUST 44" TREE g N/DIP JOANN T. & 'CHMC9 WILLIAM H. GESELL ,e)HOLLY I h ,e'ROLL FE.a:'w. NW56'00'E 54.53' MON.OXN z eraxAOE FE•_ ,.sw. a4t 1wTw 6.6 O 1 IT 1 FLO/L y O Lot I .2 Se BEACH TIME 00 c rri � e,n,EE ,e'EVF IMEN STED wALLW 1 Z ,rmEE &o' e 01 (''� w, O Lot �J � ,a n E�RORm, •„�E I'A STm. Tatem FRAME BARN lo�aq (FL L �WY.PONB 22�6' yy� 24'CEDAR ^ 4 C& .WALL R _ JAN 2 S 2014to+ UVLA O � WAIL 19TY. � IJ'TREE ,i'SMCE r 441 ' 00 enc `,A 126.23' 0.So' vP 4'6 49,4p•W1 S8898'20'W 85.71' S82vt •17.88' OL•EL a. STREET �'' NAVY 4.w I REVIEWED BY ZBA ■ =MONUMENT SEE DEC)PION#. ELEVATIONS ARE REFERENCED RJ N.A.V.D. DATED/12 '(SOF NEW Lot 0's refer to SUBDII4SION MAP FOR JOHN H. WOODHOUSE qP j bSc^T 9F &JERILYN B. WOODHOUSE'FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE 5 QZ� ON APRIL 19, 2005 AS FILE No.11245: ' r. NOTE: PROPERTY LOCATED ENTIRELY IN AE6 ZONE FROM FIRM. No. 36103CDO68H 9/25/2009. i� 49618 ANY ALIERA770N OR AD0177ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209CF THE NEW YORK STATE£DUCAnav LAW �� IC SURVEYORS, P.C. EXCEPT AS PER SECTION 7209—SUBDIWMCN Z ALL CER71FlCA77ONS QJ(q�5 1) 765-5020 FAX (6J[) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COTES BEAR 7HE IMPRESSED SEAL OF 7HE SURVEYOR 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y. 11971 12-279 i X96§�➢��t�5F`:°�9..3$�wyBgeg�$eta@Rf°a:�R9B9�9��f�@;3S�RPgBk�aR@eg"�;cFR's§eE�RgF$S°` :����'�S�Bziipkb5;a6' - (fffi{€gift{i6y;6`P` tP[eP�[cf{fA[�(t i�€�Pe €�iPePPeit6�8Pf�P Pi[ttr `jft 6{die►i�[�ii {{�i= t r } Fu` 51PPUP' obb"" s - 'e'wo- jau—Ppiiu: pna66$kgCp° e3�p'A 3<e�'p TAA n FPApep S - . >zGa'y¢a§g�E6 E"cK�^ nB"�>b k kb'4�i.�Zp�Pd°L¢A�ak egAg$� 4$Bk�€49�B°"642° :pAn;a`` �p�5€pgp3$5`ra�p�aA fetPitiffFiiir[��{F" f° `{{t{i{€dfif f ift{���`flff iif?[{(P{tf 6Pt, 11[11 eifa6i�i{# WiHIP1 [{i z Fri 'Ii i t �—d ^.A°ji'`'F6`` "B'sp6FBA m;zpopm F IdPPp$5opq.-C.'a$6mg O i e O g 6 6 -Ti � �UOo .], I ! 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P. 1S 6 ti3 !R 1 ,+� 3 q �'.SG q $x ro VIEW OF PROP05ED BARNFI:OCATION` a r,S 4 7k ry 3 ok.�BARN/CARRIAGE:HSE#2 } � S� 1 � k FROM VINCENT STREET �Pm c t; f r�'Sa-� Y a..4�u>{✓r nmrtsrm oraer ur_ �f �' s �� � 1 x � 7eNs1i 71°u < sr-y ��4aswYr/ncueuwromest� rzo t y? �X x �. r,?•R . 7. - y {.•, �3.d-j 7 ?"*a' .1„ ,.r,Y< f6 '^, rfi q1„ w. 3 ry f J�yy ykl - e 1 i PPJ'P7�E0 BUR�NG RELOGIpN y z BARN f'CARR AGE+HSE1 •.ti + t y FRONT V1EW Of BERTA T BARN -r[slv. ro' �t t� j r n v. �. :.+ t > r . +' A�2 : LOCATION/Pf 0T0 MAP INDICATfNG NEIGIIBOR1100DrCI1ARACTERISTICS AND PRECEDENCE OF BARNr CARRIAGE QUSES;, � ;$ Z-7, _.1..:._..7'.a.u.... .. .- t "s�... er. 1Ts.k_. _t'':_... ... ,._.... ..._. Gary R.O'Connor ' rueawrl:.lr: ARCtUTfCI,UL. a°m wrwf � 102 NpN Ww154mt • 1 Ismbcrtxh.N109530 H - Rlwe:603.397.3635 {pIP/.IR 0— - pl.6rt,T'lll SBS1M:eIRRB�'--- (AGWpliIXRBa t_– EA5TELEVATION FIR, rroxrinvrles: -------------- WPMMC«Ba t=– WEST ELEVATION ,IN••I•o rtrnasuraswnuaz � I muae:mclWn of �______________� I I x�naq E(15TING BARN FLOOR PLAN -,fall swu w•-I•a CtlEDr 5 D �RIrII�.IBs: a J WEST ELEVATION u . I „ ---m•Iun lTop ' FIRST FLOOR PLAN � scva I!f-I'a reoreseo eui�ulNc zrwcanoN een eraon•¢ 5OUTH ELEVATION I I I A.3 NORTH ELEVATION swal..ro – 50UTHELEVATION w w•-ro suu"" ''o u u r ' V Exhibit B Comparison of Elevation Reviewed by ZBA and HPC in 2014 1� Gary R.O'Connor W/A aYs Inlre .6pio aAOb PRLHrtfLi,LLC. �' o _ :a""?£'�_ .• - 102 MNUnm Strta t nAR IJa�-----_ +t•S�• - .. Rve:609.3Y/.3695 WRSmp(AI . Q>—YCODUMJM1:dr.--- . t__ EA5T ELEVATION � Rartwalb9i 5IRx5110.1t>ar-------- WE5T ELEVATION . - R0.�riA1PrzR,9JINAgt - �. t I 0]NL104R/:PlAYT]Pn 1 MM1901C914CIUCAK .. r--------------, v - x�naq 2X15TING.BARNFLOORP N I I i X11I•IM-a - ' ' iwfuax CHED I - i SIi,D i ,�-�• 1,01 •, I II J WEST II NATION ' �N�• .' .� rorruR lzar :� - ,x IM.:a I I 5f(9av wR00r I/�_JI-,ITVy\/ . FIR5T FLOOR PLAN P/A'OS®WIIDWG RHOfAPON 50UTtf ELEVATION tae _ NORTNELEV,TIONiaaIM-I'a t-- 5ourmELEVATION Ix'.ro—� 5u@IM-ra ul �. & = A.3 I Gary P.O'Connor 7r-----.---.—.- ARCHITECT,LLC. 102 Nc.M Unwe Shat m[.Dzoss, Ie.�cm+�b,W06530 �• .�.�• '� Rye:609.397.3635 OXY UR O�- •� Rl KnRR — _ 'I. $IYSIePW � •. i i II _9q I. I L mn+wsuca+sww,a [3AUIDDR+SY�Kifn SMLSI0.CNR9,iuL: z�"raacaR EA5T ELEVATION � r rtort wx:asx . • ron.rt iror --_ I - — — WEST ELEVATION �,a . (, wu:w•.:a D.ecacx -------------- BARN FLOOR PLAN-- - (E)DET CHED --5—HED-- TI H DTI — .: ' YCdIDfiDOA bA —.•—. — — — —r--- OOP FL Nva / .�� PROFV$fDau�xc FflOGiION : • I ��04-_..� o 0 N wu:w•-ra ..... 5OUTH ELEVATION 73NORTH EL NATION SOUTH ELEVATION swe�M•ro II Mariella Ostroski,Chairperson our Uniqu����`� e'ye, Town Hall Annex Anne Surchin,Vice Chair �my0� y� �'d� 4375 Route 25 Tara Pauline Cubie a Tw ,. .co P. O.Box 1179 Fabiola Santana SOS THOLD Southold,NY 11971 ,rR Z Fax: (631) 765-9502 Allan Wexler , ifs" y Telephone: (631) 765-1802 TAO www.southoldtownny.gov Kim Fuentes,Coordinator RESERVATION March 16,2022 Ms.Leslie Kanes Weisman,Chair M �o AR Y 6 2022 Zoning Board of Appeals 54375 Main Road -ZONING BOARD OPApp�ALS P.0.Box 1179 Southold,NY 11971 RE: 95 Navy Street,Orient,NY,SCTM#1000-26-1-12.2 Owner: Vincent Bertault Dear Ms.Weisman and members of the Zoning Board of Appeals, I am writing on behalf of the Historic Preservation Commission in anticipation of your meeting this Thursday,March 17,2022 regarding the following item on your special meeting agenda: VINCENT BERTAULT#7580-Request to reverse a Stop Work Order issued by the Building Inspector on August 24,2021,pursuant to Chapter 144,Section 144-8,for construction beyond the scope of Building Department Permit#44198;located at:95 Navy Street,Orient,NY.SCTM No.1000-26-1-12.2. To address the recent submission of the applicant's"as-built"renderings and supplemental documentation;by raising the base flood plain elevation,the top of the ridge has been raised to exceed the height limit for an accessory structure. As of June 7,2021,the applicant's base flood plain was elevated 45"resulting in the top of the ridge being over the 20'limit for an accessory structure. (Please see two small color images below). Plans dated 10/18/2013 state the elevations at the corners of the property were 4'6",5'9",66"and 4'2"with the first floor elevation noted at 6"1"with the peak at 18'9". Subsequent and repeated submissions,including the 2022 As-Built submission,claim that the floor was then at 0'0"and the top of the roof remained at 18'9". This is an impossibility. 7"fr, I I 1 --- N i t R^ • L s 1 i r + 4 t � t �r " - -- In addition,the roof line has been altered,as pictured above and illustrated in the comparison shown below taken from the Applicant's 2013 A-3 submission and the 2022 A-2 submission. (Please see circled roof lines). The applicant removed the roof,which was below the peak of the cross gable,and restored it at the same height as that cross gable. The roof shown on the South elevation was also changed to be brought up to the peak of the cross gabled roof. (Arrows indicate the alterations). LryvR r I GIl1l1 OCOMIOP N Q _ O N � O w N N Q N j Q r gum 11� T•, �_. Please review my letters of June 8,2021,September 1,2021 and January 31,2022. Chapter 170-12, Enforcement,indicates that this applicant is subject to a stop work order until the reasonable conditions of their 2014 Certificate of Appropriateness are complied with. Evidenced here is that the status is the same and our disposition has not changed. The HPC continues to believe the applicant is not in compliance with the 2014 Certificate of Appropriateness for the Barn and the stop work order is prudent and appropriate,at this time. Thank you,in advance,for your consideration. Sincerely, Mariella Ostroski,Chair Historic Preservation Commission Fuentes;`Kim From: Timothy Frost <ttfrost@mac.com> Sent: Friday, March 11, 2022 12:39 PM To: Fuentes, Kim Cc: Mudd,Jennifer, Sakarellos, Elizabeth;Westermann, Donna Subject: Re:ZBA -Tim Frost-FOIL- Bertault Documents Attachments: PDF - Email to Bertault of February 8, 2022.pdf,ATT00001.htm; INSTRUCTIONS Laserfiche Instructions revised 6-15-2020.pdf,ATT00002.htm Kim: Many thanks for you prompt response to my request; much appreciated. In the email response to your 8 February email request to Bertault and his agents for"original signed, dated and stamped documents", Bressler's paralegal (Cheryl Simons)emailed you at 4:27pm on 1 March that six(6)sets of signed and stamped plans would be delivered to the ZBA on the following day. I will call you this afternoon to determine whether such plans were delivered and how I may review the physical ZBA file as the documents currently on the Town's Website are not signed and stamped, and are unresponsive to your 8 February request. Thanks. --<>Tim... ttfrost@mac.com Sent from my Whone On Mar 11, 2022, at 9:09 AM, Fuentes, Kim <kim.fuentes@town.southold.ny.us>wrote: The documents you seek relating to the March 3, 2022 hearing of Bertault.: In Laserfiche - Path TownOfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\#7467 & 7468, #7580 BERTAULT - area and access apt 1000-26-1 -12.2\Bertault #7580 - Documents received - MARCH 2022. In Laserfiche - Path TownOfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\#7467 & 7468, #7580 BERTAULT - area and access apt 1000-26-1 -12.2\Bertault - Documents received March 3, 2022 Bressler March 1, 2022 Letter + http://24.38.28.228:2040/weblink/0/edoc/107421 u 1)ertault 202203070 74041 .pdf For your convenience, I've attached Laserfiche instructions. I will be happy to supply you with hardcopies of these documents at a rate of .25 cents per page. Kim E. Fuentes Board Assistant r Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim&southoldtownn y.gov Location: 54375 Main Road Mail.P.O. Box 1179 Southold, NY 11971 From: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us> Sent: Friday, March 11, 2022 8:10 AM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us>; Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us>; Westermann, Donna <donnaw@southoldtownny.gov>; Bunch, Connie<Connie.Bunch @town.southold.ny.us>; Pontino, Susan <susan.pontino@town.southold.ny.us> Cc: Born,Sabrina <sabrina.born @town.southold.ny.us>; Noncarrow, Denis <denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us> Subject: FW: Online Form Submittal: Request for Public Records Please respond directly to the applicant and provide a copy of the response to the Town Clerk's Office as well. Thank you, &enni r CSC CMudd Office Assistant Southold Town Clerk's Office 53095 Main Road PO Box 1179 Southold,NY 11971 2 (631)765-1800 From: noreply@civicplus.com<noreply@civicplus.com> Sent:Thursday, March 10, 2022 6:50 PM To: Rudder, Lynda <Ivnda.rudder@town.southold.nv.us>; Born, Sabrina <sabrina.born @town.southold.ny.us>; Mudd,Jennifer<iennifer.mudd@town.southold.ny.us>; Noncarrow, Denis<denisn@southoldtownny.gov>; Town Clerk<townclerk@town.southold.ny.us> Subject: Online Form Submittal: Request for Public Records Request for Public Records First Name Tim Last Name Frost Mailing Address 1995 Village Lane City Orient State New York Zip 11957 Phone Number 6312047622 Email Address ttfrosta-mac.com Records From the Town of Southold files relating to Bertault, 95 Navy Street, Orient, (Appeal#7580). Specifically requesting the ZBA email of February 8, 2022 from the ZBA to Vincent Bertault or his agents as referenced in the first paragraph of Eric Bressler's response to the ZBA dated March 1, 2022. (FYI, Bressler's response is filed under ZBA-Bd Actions-Pending- Bertault#7580-Documents Received-March 2022.) Thank you. Department Building, Other Signature (enter your Tim Frost name) of person making the request Do you agree? I Agree Email not displaying correctly?View it in your browser. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3 Fuentes, Kim From: Timothy Frost <ttfrost@mac.com> Sent: Friday, March 11, 2022 12:42 PM To: Fuentes, Kim Cc: Mudd,Jennifer; Sakarellos, Elizabeth;Westermann, Donna Subject: Re:ZBA-Tim Frost-FOIL- Bertault Documents Kim: Many thanks for you prompt response to my request; much appreciated. In the email response to your 8 February email request for"original,signed, dated and stamped documents" --<>Tim... ttfrost@mac.com Sent from my Whone On Mar 11, 2022, at 9:09 AM, Fuentes, Kim <kim.fuentes@town.southold.ny.us>wrote: The documents you seek relating to the March 3, 2022 hearing of Bertault.: In Laserfiche - Path TownOfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\#7467 & 7468, #7580 BERTAULT - area and access apt 1000-26-1 -12.2\Bertault #7580 - Documents received - MARCH 2022. In Laserfiche - Path Town OfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\#7467 & 7468, #7580 BERTAULT - area and access apt 1000-26-1 -12.2\Bertault - Documents received March 3, 2022 Bressler March 1, 2022 Letter http://24.38.28.228:2040/weblink/0/edoc/1074210/bertault 202203070 74041 .pdf For your convenience, I've attached Laserfiche instructions. I will be happy to supply you with hardcopies of these documents at a rate of .25 cents-per page. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 ki -f southoldtownny. Location: 54375 Main Road 4�0 Mail:P.O. Box 1179 Southold, AT 11971 From: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us> Sent: Friday, March 11, 2022 8:10 AM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us>; Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us>; Westermann, Donna <donnaw@southoldtownny.gov>; Bunch, Connie<Connie.Bunch @town.southold.ny.us>; Pontino,Susan <susan.pontino@town.southold.ny.us> Cc: Born,Sabrina <sabrina.born @town.southold.ny.us>; Noncarrow, Denis <denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us> Subject: FW: Online Form Submittal: Request for Public Records Please respond directly to the applicant and provide a copy of the response to the Town Clerk's Office as well. Thank you, &enn fer Cl' Cludd Office Assistant Southold Town Clerk's Office 53095 Main Road PO Box 1179 Southold,NY 11971 (631)765-1800 From: noreply@civicplus.com <noreply@civicplus.com> Sent:Thursday, March 10, 2022 6:50 PM To: Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Born, Sabrina <sabrina.born@town.southold.ny.us>; Mudd,Jennifer<iennifer.mudd@town.southold.ny.us>; Noncarrow, Denis<denisn@southoldtownny.gov>;Town Clerk<townclerk@town.southold.ny.us> Subject:Online Form Submittal: Request for Public Records 2 Request for Public Records First Name Tim Last Name Frost Mailing Address 1995 Village Lane City Orient State New York Zip 11957 Phone Number 6312047622 Email Address ttfrost(-mac.com Records From the Town of Southold files relating to Bertault, 95 Navy Street, Orient, (Appeal#7580). Specifically requesting the ZBA email of February 8, 2022 from the ZBA to Vincent Bertault or his agents as referenced in the first paragraph of Eric Bressler's response to the ZBA dated March 1, 2022. (FYI, Bressler's response is filed under ZBA-Bd Actions-Pending- Bertault#7580-Documents Received-March 2022.) Thank you. Department Building, Other Signature (enter your Tim Frost name) of person making the request Do you agree? I Agree Email not displaying correctly?View it in your browser. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3 Fuentes, Kim From: Timothy Frost <ttfrost@mac.com> Sent: Monday, March 14, 2022 10:38 AM To: Fuentes, Kim Cc: Mudd,Jennifer; Sakarellos, Elizabeth;Westermann, Donna Subject: Re:ZBA- Tim Frost -FOIL- Bertault Documents Attachments: PDF - Email to Bertault of February 8, 2022.pdf, INSTRUCTIONS Laserfiche Instructions revised 6-15-2020.pdf Kim: /A* Many thanks for your diligence on this matter, and for taking my call this morning; much appreciated. Since much of the issue and controversy regarding 95 Navy relates to whether previously submitted documents, plans and surveys were properly dated, signed, stamped, authorized, and approved, I would like an opportunity to view the original hard copies of plans and surveys recently submitted by Bertault and his agents. I ask this noting that the recently submitted survey and plans (1 March and any thereafter),which are currently posted on the Town's, are not signed and and stamped with professional seals. In addition, I would note,that what may be purported to be a "survey" is dated from December 2020, and,therefore, can not be considered responsive to a request for a current,as built, representation of the site and all work undertaken upon it. Please let me know how and when I may have an opportunity to view the recently submitted plans. Once again,thank you,for diligence on this matter and all the hard work of you and the ZBA undertake on behalf of the citizens of Southold. ---<>Tim... ttfrost@mac.com +1 (631) 204-7622 Sent from ttfrost's Wad On Mar 11, 2022, at 1:03 PM,Timothy Frost<ttfrost@mac.com>wrote: Kim: Many thanks for you prompt response to my request; much appreciated. In the email response to your 8 February email request to Bertault and his agents for"original signed, dated and stamped documents", Bressler's paralegal (Cheryl Simons) emailed you at 4:27pm on 1 March that six(6)sets of signed and stamped plans would be delivered to the ZBA on the following day. 1 I will call you this afternoon to determine whether such plans were delivered and how I may review the physical ZBA file as the documents currently on the Town's Website are not signed and stamped, and are unresponsive to your 8 February request. Thanks. --<>Tim... ttfrost@mac.com 40 Sent from my Whone On Mar 11, 2022, at 9:09 AM, Fuentes, Kim <kim.fuentes@town.southold.ny.us>wrote: The documents you seek relating to the March 3, 2022 hearing of Bertault.: In Laserfiche - Path TownOfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\#7467 & 7468, #7580 BERTAULT - area and access apt 1000-26-1 -12.2\Bertault #7580 - Documents received - MARCH 2022. In Laserfiche - Path TownOfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\#7467 & 7468, #7580 BERTAULT - area and access apt 1000-26-1-12.2\Bertault - Documents received March 3, 2022 Bressler March 1 , 2022 Letter ht.tp://24.38.28.228:2040/webli nk/0/edoc/1074210/bertault 20220307074041 .pdf For your convenience, I've attached Laserfiche instructions. I will be happy to supply you with hardcopies of these documents at a rate of .25 cents per page. Kim B. Fuentes Board Assistant 2 Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim&c outholdtownny.gov Location: 54375 Main Road Mail:P.®. Box 1179 Southold, IVY 11971 From: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us> Sent: Friday, March 11, 2022 8:10 AM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us>; Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us>; Westermann, Donna <donnaw@southoldtownny.gov>; Bunch, Connie <Connie.Bunch @town.southold.ny.us>; Pontino,Susan <susan.pontino@town.southold.ny.us> Cc: Born,Sabrina<sabrina.born@town.southold.ny.us>; Noncarrow, Denis <denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us> Subject: FW: Online Form Submittal: Request for Public Records Please respond directly to the applicant and provide a copy of the response to the Town Clerk's Office as well. Thank you, &ennifer C� C C Wudd Office Assistant Southold Town Clerk's Office 53095 Main Road PO Box 1179 Southold,NY 11971 (631)765-1800 From: noreply@civicpIus.com <noreply@civicplus.com> Sent:Thursday, March 10, 2022 6:50 PM To: Rudder, Lynda <Iynda.rudder@town.southold.ny.us>; Born,Sabrina <sabrina.born@town.southold.nv.us>; Mudd,Jennifer <iennifer.mudd@town.southold.nv.us>; Noncarrow, Denis <denisn@southoldtownny.gov>;Town Clerk<townclerk@town.southold.ny.us> Subject: Online Form Submittal: Request for Public Records Request for Public Records 3 First Name Tim Last Name Frost Mailing Address 1995 Village Lane City Orient State New York Zip � �... 11957.,..��...�._... ._..�,..._�.._.,,.�_. ..,. .:..__.. .:.:.-,._._..�.��.�. Phone Number 6312047622 Email Address ttfrost(a�mac.com Records From the Town of Southold files relating to Bertault, 95 Navy Street, Orient, (Appeal#7580). Specifically requesting the ZBA email of February 8, 2022 from the ZBA to Vincent Bertault or his agents as referenced in the first paragraph of Eric Bressler's response to the ZBA dated March 1, 2022. (FYI, Bressler's response is filed under ZBA-Bd Actions-Pending- Bertault#7580-Documents Received-March 2022.) Thank you. Department Building, Other Signature (enter your Tim Frost name) of person making the request Do you agree? I Agree Email not displaying correctly?View it in your browser. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 4 Fpentes, Kim From: Leslie Weisman Forward Sent: Monday, March 14, 2022 11:33 AM To: 'Timothy Frost'; Burke,John i Cc: Fuentes, Kim MAR 2022 Subject: RE:ZBA -Tim Frost -FOIL- Bertault Documents WNING o0ARD(WAPPEALS We received both stamped plans and PDF copies of the identical plans (unstamped) which are in the ZBA laser fiche file for public review. Copies of the stamped plans have been distributed to Board Members and sent to the Building Department for their review. PDF version sent to HPC for review. When the ZBA office copy of the stamped plans are returned to the ZBA office with comments from the Building Department,they will be added to laser fiche and available by in person FOIL request. From: Timothy Frost [mailto:ttfrost@mac.com] Sent: Monday, March 14, 2022 11:03 AM To: Leslie Weisman; John Burke Subject: Fwd: ZBA -Tim Frost-FOIL - Bertault Documents With apologies for contacting you regarding this, I respectfully request that you assist in making originals of the documents requested by the ZBA, and submitted by Bertault and his agents, available for public review. Thank you. ---<>Ti m... ttfrost@mac.com +1 (631) 204-7622 Sent from ttfrost's iPad Begin forwarded message: From:Timothy Frost<ttfrost@mac.com> Date: March 14, 2022 at 10:38:28 AM EDT To: "Fuentes, Kim" <kim.fuentes@town.southold.ny.us> Cc: "Mudd,Jennifer"<jennifer.mudd@town.southold.ny.us>, "Sakarellos, Elizabeth" <elizabeth.sakarellos@town.southold.ny.us>, "Westermann, Donna" <donnaw@southoldtownny.gov> Subject: Re:ZBA-Tim Frost-FOIL-Bertault Documents Kim: Many thanks for your diligence on this matter, and for taking my call this morning; much appreciated. Since much of the issue and controversy regarding 95 Navy relates to whether previously submitted documents, plans and surveys were properly dated, signed, stamped, authorized, and approved, I would like an opportunity to view the original hard copies of plans and surveys recently submitted by Bertault and his agents. 1 I ask this noting that the recently submitted survey and plans (1 March ai u any thereafter), which are currently posted on the Town's, are not signed and and stamped with professional seals. In addition, I ;would note,that what may be purported to be a "survey" is dated from December 2020, and,therefore, can not be considered responsive to a request for a current, as built, representation of the site and all work undertaken upon it. Please let me know how and when I may have an opportunity to view the recently submitted plans. Once again,thank you, for diligence on this matter and all the hard work of you and the ZBA undertake on behalf of the citizens of Southold. ---<>Ti m... n ttfrost@mac.com ` +1 (631) 204-7622 Sent from ttfrost's iPad On Mar 11, 2022, at 1:03 PM,Timothy Frost<ttfrost@mac.com>wrote: Kim: Many thanks for you prompt response to my request; much appreciated. In the email response to your 8 February email request to Bertault and his agents for "original signed, dated and stamped documents", Bressler's paralegal (Cheryl Simons) emailed you at 4:27pm on 1 March that six(6) sets of signed and stamped plans would be delivered to the ZBA on the following day. I will call you this afternoon to determine whether such plans were delivered and how I may review the physical ZBA file as the documents currently on the Town's Website are not signed and stamped, and are unresponsive to your 8 February request. Thanks. --<>Ti m... ttfrost@mac.com Sent from my iPhone On Mar 11, 2022, at 9:09 AM, Fuentes, Kim <kim.fuentes@town.southold.ny.us>wrote: The documents you seek relating to the March 3, 2022 hearing of Bertault.: 2 In Laserfiche - Path TownOfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\#7467 & 7468, #7580 BERTAULT - area and access apt 1000-26- 1 -12.2\Bertault #7580 - Documents received '- MARCH 2022. In Laserfiche - Path TownOfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\#7467 & 7468, #7580 BERTAULT - area and access apt 1000-26- 1 -12.2\Bertault - Documents received March 3, 2022 Bressler March 1 , 2022 Letter http://24.38.28.228:2040/web l i n k/0/edoc/107421 0/b e rta u lt_20220307074041 .p df For your convenience, I've attached Laserfiche instructions. I will be happy to supply you with hardcopies of these documents at a rate of .25 cents per page. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim&ffoutholdtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NY 11971 3 From: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us> Sent: Friday, March 11, 2022 8:10 AM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us>; Sakarellos, Elizabeth <eIizabeth.Sakarel los@town.south old.ny.us>; Westermann, Donna <donnaw@southoldtownny.gov>; Bunch, Connie <Connie.Bunch @town.southold.ny.us>; Pontino,Susan <susan.pontino@town.southold.ny.us> Cc: Born,Sabrina<sabrina.born @town.southold.ny.us>; Noncarrow, Denis<denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us> Subject: FW: Online Form Submittal: Request for Public Records Please respond directly to the applicant and provide a copy of the response to the Town Clerk's Office as well. Thank you, &milf66r GM C udd Office Assistant Southold Town Clerk's Office 53095 Main Road PO Box 1179 Southold,NY 11971 (631)765-1800 From: noreply@civicplus.com <noreply@civicplus.com> Sent:Thursday, March 10, 2022 6:50 PM To: Rudder, Lynda <Ivnda.rudder@town.southold.nv.us>; Born, Sabrina <sabrina.born @town.southold.ny.us>; Mudd,Jennifer <iennifer.mudd@town.southold.nv.us>; Noncarrow, Denis <denisn@southoldtownny.gov>;Town Clerk <townclerl<@town.southold.nv.us> Subject:Online Form Submittal: Request for Public Records Request for Public Records First Name Tim Last Name Frost Mailing Address 1995 Village Lane City Orient State New York Zip 11957 4 Phone Number 6312047622 Email Address ttfrost(@-mac.com Records From the Town of Southold files relating to Bertault, 95 Na Street, Orient, (Appeal#7580). Specifically requesting the email of February 8, 2022 from the ZBA to Vincent Bertaul his agents as referenced in the first paragraph of Eric Bressler's response to the ZBA dated March 1, 2022. (FYI Bressler's response is filed under ZBA-Bd Actions-Pendin( Bertault#7580-Documents Received-March 2022.) Thank Department Building, Other Signature (enter your Tim Frost������ name) of person making the request Do you agree? I Agree Email not displaying correctly?View it in your browser. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 5 pp- IN .;• f�G. si f PIN 7 eo a,iiA Xiawl, * •40, i r[ , T, I a 9 � i i t x . ad11sE � r i .. r w s Statement to the ZBA, February 3, 2022 FEB 4 2022 My name is Charles Dean. I have lived in Orient at 295 Village Lane'for 26 years:,'My house was built around 1700, is in the Historic District, and is landmarked. -- It goes without saying that those of us living Orient's Historic District are well aware of forces attempting to undermine its integrity. The developer of the property at 95 Navy Street is not the first to attempt to inappropriately transform a property. This is, and probably will be,an ongoing battle. I want to be clear. No one objects to a sensitive and appropriate renovation of the property at 95 Navy Street. It clearly needs tender loving care. But what we have witnessed for almost a decade is an outrage. That such inappropriate construction could have happened is beyond our understanding. Fortunately some of the worse parts of the plans were recently disapproved by the ZBA. So where are we now? It seems eminently reasonable, in light of the HPC's determination that there has been construction in excess of the Certificate of Appropriateness,that there be a survey of the construction "as-built" and a review of the current construction plans, new plans without the pool or apartment. The newly submitted plans, after they are signed and stamped, should be reviewed by the HPC and the ZBA, and these plans should be the subject of a public hearing. The Orient community never had an opportunity to weigh in on the construction of the walls surrounding the property—walls that should be removed now that they no longer can be justified to elevate a pool or an apartment. To conclude,we are asking that the current Stop Work Order remain in place until there is an approved HPC Certificate of Appropriateness of new site plans. Of course something needs to be done at 95 Navy. The Orient neighborhood has lived with this unsightly and unapproved construction too long. But before the construction at 95 Navy Street resumes,let's be sure that what is to be constructed is appropriate in our historic village. I respectfully request that the ZBA not lift the Stop Work Order prematurely. Thank you for your tireless work for Southold Town. The issue of 95 Navy Street has been extremely demanding, so we are especially grateful for your close and continued attention to it. Charles Dean 295 Village Lane Orient, NY 11957 Fuentes, Kim From: Sonia Gesell <soniagesell12@gmail.com> i Sent: Thursday, February 3, 2022 11:59 AM To: Fuentes, Kim Subject: [SPAM] - 95 Navy Street FEB 4 207? i Dear Zoning Board of Appeals, U I am writing regarding today's hearing to address a reverse Stop Work Order at 95 Navy St. Orient. I am the adjacent neighbor at 255 Navy Street. I would like to thank the ZBA for once again addressing the concerns of the owner, neighbors and many residents & friends of The Village of Orient. I simply ask that you not reverse the SWO until you carefully examine all construction that has already taken place at 95 Navy St. and any future plans for the property. We have lived with 8 years of off & on construction, complete with a shipping container/dumpster on site, a house in disrepair and the continued questions as to what work has or has not been approved by the HPC & ZBA. I have written 2 letters on 6/11/21 & 10/1/21 with questions & concerns regarding the construction which included the retaining wall, raising of the property elevation, the height of the barn etc.l think it is only fair to Mr. Bertault & neighbors to bring this to a close. Your careful consideration in this matter is essential to returning our neighborhood to the peaceful place my family has been enjoying for 3 generations. My wish is that the simple, welcoming, peaceful beauty of Orient that my grandchildren love so much will continue to future generations. Thank you, Sonia Gesell 255 Navy Street Orient Sent from my iPhone Fuentes, Kim 6J 4 From: Perry Gesell <perrygesell@gmail.com> FEB 2022 Sent: Thursday, February 3, 2022 12:46 PM To: Fuentes, Kim Subject: [SPAM] -Zoning Board of Appeals case of Vincent Bertault#7580 This is to express my support of continuing the Stop Work Order against Mr. Bertault. My family has lived in Orient for many generations. My family and I This is to exp[ress my support for continuing the Stop Work Order against Mr. Bertault. My family and I used to live at the corner of Vincent and Willows Streets. My older brother finally bought the home from our mother and lived there for many years. He finally sold it, not wanting to deal with Mr. Bertault and his non-stop building and additions, without permits. During my last visit to Orient (we rent for the month of August every year, sometimes for a week or two throughout the year) we were appalled by the changes made. He actually took down the flag pole that we erected on our property saying it was on his property. Then the wall went up,then the garage/guest quarters/whatever. Then trees were removed on my sister-in- laws property on Navy Street next to Mr. Bertault. I know she has written to you about her concerns. His allegatyioins of racial discrimination against his wife are totally unfounded. Am available to discuss further at 843-838-2995. Thank you for your consideration. Perry Gesell 1722 Longfield Drive 843-441-3554 r y �7�3w � N `1 1 i O z O n n � o v c%D oMa a N N 1 µ x F � 475 zr. r. FIR•i r T,„ % T e s v E E z � I 9 ',.4. zzoz o Sew 1, -� -Vol m, a A..t T � N (Icy7 O 3 Fuentes, Kim From: Fuentes, Kim Sent: Friday, February 4, 2022 9:14 AM To: Burke,John;Jarski,John; Eric Dantes; lesliew@town.southold.ny.us; Nicholas Planamento; Patricia Acampora; Rob Lehnert Subject: FW: Bertault Appeal No.7580 Attachments: ZBA Ltr 2-3-2022.pdf; Barn Elevation.pdf 1 See attached from Eric Bressler. We received hardcopies yesterday and will ask for legible full size elevations. We will also forward same to John Jarski Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim„&I4outholdtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NY 11971 From: Eric Bressler<ebressler@wbglawyers.com> Sent:Thursday, February 3, 2022 2:20 PM To: Fuentes, Kim <kimf@southoldtownny.gov> Subject: Bertault Appeal No. 7580 Kim: Please see attached as part of Appeal No. 7580. Thank you, Cheryl Eric J. Bressler, Esq. Wickham, Bressler&Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631298-8353 631298-8565 (Fax) ebressler@wbglawyers.com 1 This e-mail and any files transmitted witn it are confidential and are intended sole'iy ror the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination,forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender at 631-298-8353. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 Fuentes, Kim From: Fuentes, Kim Sent: Friday, February 4, 2022 8:59 AM To: 'Eric Bressler'; 'gary@grocarchitects.com' Cc: Sakarellos, Elizabeth; Burke,John Subject: RE: Bertault Appeal No. 7580 Thank you for the drawings we received yesterday of the Bertault Barn. Please submit three full size original legible copies. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kimft��i), outholdtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NY 11971 From: Eric Bressler<ebressler@wbglawyers.com> Sent:Thursday, February 3, 2022 2:20 PM To: Fuentes, Kim <kimf@southoldtownny.gov> Subject: Bertault Appeal No. 7580 Kim: Please see attached as part of Appeal No. 7580. Thank you, Cheryl Eric J. Bressler, Esq. Wickham, Bressler& Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631298-8353 631298-8565 (Fax) ebressler@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail io the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender at 631-298-8353. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 BOARD MEMBERS ®F SOUS Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Ir Office Location: Town Annex/First Floor, Robert Lehnert,Jr. ® y� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�i�C®UNri Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 April 12, 2022 Eric Bressler Wickham Bressler and Geasa P.C. P.O. Box 1424 Mattituck,NY 11952 Re: ZBA—Application#7580, Bertault 95 Navy Street, Orient, NY S CTM No. 1000-26-1-12.2 Dear Mr. Bressler Enclosed is a copy of the Zoning Board's April 7, 2022 Findings, Deliberations and Determination, the originals of which was filed with the Town Clerk regarding the above application. Thank you. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department -� DRAINAGE CALCULATIONS: WOVEN WIRE FENCE SYMBOL THE PROPOSED ONSITE DRAINAGE SYSTEM TO PROVIDE STORAGE 7EST HOLE DATA rn N Q F FORA2'RAINFALL STORAGE TO BE PROVIDED IN PRECAST LEACHING McDOIA/D wascrENCE STREET (MIN. 14 GAUGE IY/EL.5 s T/�/TT LAWRENCE BERSTEIN W/ MAX. 6' MESH GALLEYS PROVIDING 32 CF PER VERTICAL FOOT OF STORAGE AND B Yy j.LLo TAT -' 10' MAX. C. TO C. SPACING) -� FRENCH GRAINS PROVIDING 2.OB CFIFT OF STORAGE THE DESIGN IS (/b' SCTM# 1000-26-01-06 BASED ON THE FOLLOWING RUNOFF COEFFICIENTS:ROOF 1.0, DARK BROW LOAM CC r/ TRE(ICH DRAIN ASPHALT PAVEMENT 1.0,GRAVEL PAVEMENT 0.70 AND LANDSCAPING I' 65.93' DWELLING 36 MIN.LENGTH FENCE N85'28'30xE RV 9.2 WELL POSTS DRIVEN MIN. 16' 010. B(LL ZO/LTML j BW5.2 INTO GROUND, J.B'(EL 20 M(.WEST E)W.lX'IX/NOWA7ER QEY.) 4' "' DRAINAGE AREA - -t B'N 52 1 \ 3-PROPOSED 8.5%d.76 X Z ASPHALT DEEP u'ALLEY 777 ROOF STORAGE REQUIRED. 4,BROW f7NE 70 COARSE ----' S2, DRIVEWAY PROPOSEDWIDSCAPERETAINING HEIGHT OF FILTER PAVEMENT 579,8 SF%1.00X2'712=94.6 CF �D� --'- � �^ WALL NOtJSEPTIC RETAINING) '� _ = 18' MIN. PAVEMENT AREA: 567.8 SF%1.00 X 2'112=91.fi CF 4.J'(EC-I.S CROUNOWq TFF QEY.) O PROPOSED RETAINOIGWALL y v- y =181'2 CF (SEPTIC RETAINING) Ov\ W w WATER 7N BROIBV FINE 7D TWfiil �. y W WyWW y 6' MIN. 191.2CF1 370 CFNF=S.9 VERTICAL FEET REQUIRED COARSE SAND 51 BW 7.5 23, d O � , I �' TORAGEPROVIDED: .\ I O ��rfJ9Z� P R P TIV VIEW BW9.2 22� USE 3.LEACHING GALLEYS-3 GALLEYS X2 CFNF=6 VF<89 VF IJ 1_1'/2 STY. 7.83 N 9'S '00'E - 36' MIN. FENCE POST DRAINAGEAREA-B' FUi'JRE 1 BEDROOM ACCESSORY BARN ;i I MON.0.2'N N07E ICA W?EWCOUNTERED 4.3'BELOW SURFACE ¢. 3' LO WOVEN WIRE FENCE (MIN. 14 STORAGE REQUIRED: APARTM1IENT WIJH I CAR GARAGE FiF.8.6' FE.1.5'N- 0.4'E. e- ROOF AREA: 291.6 SF%1.00X2'712=4B.6 CF ELEVATIONS REFERENCED TO NAM BB PE SPECIALE%CEPTIIXI APPLICATIOIJ Z STO KA E FE. GAUGE W/ MAX. 6' MESH G.F.a6 w /-_ _ ew 4.9 _ _...ew 5.z -.-Bw 65 �� .�-_-- SPACING) WITH FILTER CLOTH FROM THE TOW(I OF SOUTHOLD ZBA) V 94• -- T1"�0. 20'MIN. TW 9.2 Bw 6.7 46.6 CFI32.0 CFNF=1.52 VERTICAL FEET REQUIRED O 7.B FE.O/L. F LOW BW 7.83 r t I I f1n UNDISTURBED GROUND TORAGE PROVIDED: 7B3 7.25! ') Q IIt (n USEI-LEACHING GALLEY-1 GALLEYSX2 CFNF=2VF<1.52VF PROPOSED 85'%4,75 X IS DEEP O O 111 COMPACTED SOIL GALLEY ° 16'MIN. GENERAL NOTES I ROPOSED SEWAGE DISPOS AL SYSTEM EMBED FILTER CLOTH DRAINAGE AREA'C' I 111 MAX EL.7.5 A MIN. OF 6' IN GROUND. STORAGE REQUIRED: I 9LMATERIALSAFn METHODSOp CONSOR'JCIIWISHAU.G O0 ATOTHE LIJ N MIN.EL.7.6.2 4'L- ROOF AREA: 287.75FX1.00 X2'N2=47.9 CF STANDA.RDSAMSFECINCATIDVS OFTHETDWNOFSDUrwMPra+ANDTIESUFFM I CGJIATYOEP-ENT OF HEALTH SERVICES AS REQUIRED. •7.83 •7.63 I I I SECTION VIEW •` Q I , t 47.9CF/32.0 CFNF=1.49 VERTICAL FEET REQUIRED 2 BOUNOARY AND TCPOORA C-ORULATION PRON SURVEY BY PELONO SIJRVEYGS Cot 20 I '; CONSTRUCTION SPECIFICATIONS OATEDMARCH2,AID.EUXATIONSAREREFERENCEDTOTHENAV09DATUM PROPOSED DADS V PE RETAINING f1T 5 STORAGE PROVIDED: 3 THECJMRAa -HELDVEPoFYTHELOCATIONANDDEPRr OFALLUnURES L5 NEW IYGROUND lit WALL OJOIJ SEPTIC RETAINING)( USE1-LEACHING GALLEY-1 GALLEYS XI.SCFNF=7.$VF<1.49 VF P=URFCECOMMATIONSHO WORK IBE CONIRACTDRISMALAM11 �--�1 vooL pW c�A � 111 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WITH WIRE TIES SIOR THESE PIANS ISGONCEPTUALMDM1MST BE 1B'X22' -F-F, \III 5.U• N 0 F OR STAPLES. POSTS SHALL BE STEEL EITHER 'T' OR 'U' TYPE OR HARDWOOD. CONFORMEDALCORDINC,YINTHEFIELO. -'��---- m � III / / DRAINAGE AREA'S' I 1.1( SONIA GESELL STORAGE REQUIRED: STONE RETAINING WALL 11 2. FILTER CLOTH TO BE FASTENED SECURELY TO WOVEN WIRE FENCE WITH TIES 4. AA9NMUM SEPARATION OF TEN(10)FEET HOfUZOMALAN9GGOEEND4IMGtES TW 6.17 SLY d.O TIN 17 7,2 1 N I L6 ROOF AREA: 972.0 SF%7.06 X2'N2=1fi2.0 CF VERTICAL IS TO BE MAINTAINED BETWEEN WATER ONES,STORM DRAINAGE ANOIOIR iw7.6 BW.D I \ SCTM# 1000-26-01-11.1 SPACED EVERY 24' AT TOP AND MID SECTION. FENCE SHALL BE WOVEN WIRE, SANTMYUNESORSTRUCDJRES. BW7.63 BW S. 6' MAXIMUM MESH OPENING. DWELLING 162.0 CF 1320 CFNF=5.1 VERTICAL FEET REQUIRED 6.6 ( 7.2 72 \, TW 6.3 WELL 5. THECONTRACTOR SHALL BE RESPONbIBLE FOR SEC'JNNGALLNECESSMYPEWBITS RAIN- �I SW 63 3. WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER THEY SHALL BE OVER- BEFORE coMMENaNG woRx Lot O GARDEN I O LAPPED BY SIX INCHES AND FOLDED. FILTER CLOTH SHALL BE EITHER FILTER X, STORAGE PROVIDED: RAIN EL.EN POND PROPOSED 8.5 Xd,75'%1.5'DEEP USE 3-LEACHING GALLEY-3 GALLEYS X 2 CF/VF VF<5.1 VF S ALL UNSLIITABLE MATERIAL AM DEBRIS SHALL BE DISPOSED OF INACCIXNANCEWITH TOP EL. I 1 9'N GALLEY MIRAFI 100X, STABILINKA T140N, OR APPROVED EQUIVALENT. TOM,COUNTY,STATE ANO FEDERALLAWS,CINES Arm ORDINANCES.WNTBACTOR BOT EL .2.5 A TW 6.6 DRAINAGE AREAE' SHALLBERESPONEIBLEFORDISMS1 OFAU.UNSUITMLEIAATERIALSG'F%rE. I ti 4. PREFABRICATED UNITS SHALL MEET THE MINIMUM REQUIREMENTS SHOWN. DEBR5SHALLNOTBEB'JWEDON-E. n BY, \ eW fi.6 STORAGE REQUIRED: 7' 5. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED WHEN ROOF AREA: 1,045.4 SF X 1.00 X 2712=174.2 CIF 7. ALL PRECAST STRUCTURES SHALL INCLUDE SUFFICIENT STEELREMFORCEMENTFOR N O F 1 7.3 fi'6 ' TErwERATUREANDS%WAMTR PDW,un TOr OWTlo:smumVaETO / / TW 7.3 = I �".� - 'BULGES' DEVELOP IN THE SILT FENCE. W1IHSTMDAASHTOH2DLMOMGATTWCDVERInr ONSSly MT PtAKi EVAN & LYNN LEWIS O 1 T .0 174.2CF/320 CFNF=5.4 VERTICAL FEET REQUIRED BW 7.0 7.3 '�j 1 m ADAPTED FROM DETAILS PROVIDED BY,USDA-NRCS, 0 B ALLPNECASTSTRIJCNRES bNALLBE AUMIFACNRE0 WNH 4DODP51/2BOAY SCTM# 1000-26-01-12.1 \ I NEV YORK STATE DEPARTMENT OF TRANSPORTATION, REINFORCED STORAGE PROVIDED: sTRENGix CONCPETE I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, DWELLING 6.6 3.PROPOSED 8.5'X 4.75'XZ SILT FENCE USE 3-LEACHING GALLEY-3 GALLEYS X2 CFNF=6VF<S4 VF WELL N \ 6'ovTy-L 1N �� NEW YORK STATE SOIL S WATER CONSERVATION COMMITTEE 9. bArUTARYPIPETOBESDR35WOORASSPEaRE00NPLANS. -�t0 DEEP GALLEY WELL 3-PROPOSED BS%1.75%7 O ( 7.3 c, 13. _ U¶L _ F.""''i:ELL 14 MldNG CONSTRUCTION.ER04CN ANO SEDIMENT LQNTR0.MFASIJRESTOBEMU2E0 E� DEEP GALLEY o, n ` O 1] J Ab NECESSARY iOPREVEMTIff TMNSPORT I)FbEDIMENTT00FF5IJE AREAS, V Q CJI PGJoS,OMINAGE(METS EiG THE METHODS Alm MATERIALS ENPLOVEDINTHE SYMBOL INSSTY TALUEWYO G-AD NESFMROSION IYJMRCLF.GAs,aEbbLwu.rnl¢DRM u,HSE. O TW 7.3 fi.fi' CJl FLOW TO'THI;NEWVORK GUIOENNEb FOR FAOSIONArA SEDIMFM LVNIRq.'. 7.3 .� �00 O M. �� 1 I. ALL BAIXFILL SHALL BE SELECT GRAMAARNATEPoAL LDNPACTEDT095%NAIfP.AJIA V DEN91YRT iHEOPTIMUN M0151L9'RECONiENf.A50ETEWANEDBYSTAN)AJm 14 E%.25TY.FRAME .O O PROCTOR IE ST. / - I _ "OUSE I R d 4' VERTICAL FACE (3 BEDROOM( O SEPTIC 1z LOTAREA:19.9B5 SF. EJCF.F.EL6.5 Q FE.O/L TW67 135.5' PROPDFBFBEL=6.0 'OVE �. BW6.fi BEDDING DETAIL " BIN 6.0 NOT TO SCALE p CMF BwSzDRAINAGE AREA NO MORE THAN 1/4 ACRE PER 100 FEET BUILT W BEMA PICKET FE. ._ -- / TIN 6.7 EL'o'0' OF STRAW BALE DIKE FOR SLOPES LESS THAN 257. 126.23' CMF BW 6.6 85.71' EL'J.3 '40"W S86'18'20"W S82'¢9 ANGLE FIRST STAKE TOWARDS fD'MIN. NDTE .J-`/'^ I. A CONCRETE ERTYFO EXCESS ONCRE ED 6 CLEC. PREVIOUSLY LAID BALE. r J ONTHEPROPERIYFOREXCESICONCRETE STREET 57 r f AND TD EW CON AE EEW PMEMAO C1 EL FLOW .1� roDLs NAVY 4 8 y N� G BOUND BALES PLACED z IT-0HEEPR�bHCU AB ESURROUQEDWRHA24• lt`^ 'sr• ON CONTOUR. 3. IBE PRTO BE LINED WDHHAYBALES _ L' -mow 2 RE-BARS, STEEL PICKETS 4, PRI7YBJEA2A-XA•WOODW LABELED SITE PLAN OR 2'%2' STAKES PLACED NAyaLLE 'CONCEETE WASHGIrflF. SCALE:,'=20-0' -__ 1 1/2' TO 2' IN GROUND. - S DRIVE STAKES FLUSH WITH T�NEPNq BCEIEODAA�tA�ARERTIEE%fFSS TOP OF BALE. CONCRETE CUBES, ,- ANCHORING DETAIL tl' NOT TO SCALE C❑NSTRUCTI❑N =SPECIFICATI❑NS/,Nw p'u" l•7• ' yy^, �t[ V _ 10'MIN. r HAYBAtE •�' `'7'I ' flane aePe46f GUNon rl 1. BALES SHALL BE PLACED AT THE TOE OF A SLOPE OR ON THE CONTOUR,AND IN A' _ Endmm'M.P.c nl:eaa4omaau ROW.WITH ENDS'TIGHTLY ABUTTING THE ADJACENT BALES. B1ALTU° Nx•rowsne Eamin,Aw,Aurae MAR z7 �_ 1 45,be 9n 2pBlaaryPnmAN4� �A 2U22 2. EACH BALE SHALL BE EMBEDDED IN THE SOIL ARMINIMUM OF (4)-INCHES, AND 2'MIN ''"' EX GRADE aNlpndeNe NeUInda6mlua PLACED SO THE BINDINGS ARE HORIZONTAL. PrdesmN 6ynee,NrhbgalaM I SEL?ION Swryn,ballenYaeolnnYveY.6 3. BALES SHALL BE SECURELY ANCHORED IN PLACE BY EITHER TWO STAKES OR namllxalne lBe 4aq oin Engnea, N,NNgalvbbuveyvls aEe�W A RE-BARS DRIVEN THROUGH THE BALE. THE FIRST STAKE IN EACH BALE SHALL AIeBg EMynen,A,tlaegnlaM BE DRIVEN TOWARD THE PREVIOUSLY LAID BALE AT AN ANGLE TO FORCE THE CONCRETE WASH-OUT AREA DETAIL SleveyvNaE AE[bWilenHSAIe •,:i;i 4 \..:illll - - BALES TOGETHER. STAKES SHALL BE DRIVEN FLUSH WITH THE BALE. ¢e%nave moon•Anaea6Y IaIMmIN Nvn4.�9'.nAe.dma raAR�Qa�iErnlRMpuxsl ( 4. INSPECTION SHALL BE FREQUENT AND REPAIR REPLACEMENT SHALL BE MADE o-A_ed4um an,rao .mA me�4 PROMPTLY AS NEEDED. aesvQan dmeaneaoaa OOAtlEPWT SOBA11IWs o 5. BALES SHALL BE REMOVED WHEN THEY HAVE SERVED THEIR USEFULLNESS SO OBM4RATFOR P AtI IEEBaAxr FGR rARrnu1ABER1 HEA W DUTY MAMIOLE FRAfAEMO AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. g StOTTEDCGWSICANHELLFaMM Co. PATN5INNv 13oCSE UO NAMIDLE CONCAETEPAD COVERPATTERRNa ,ITYCEICRAN ADAPTED FROM DETAILS PROVIDED BY,USDA- NRCS, W/a4RE&AR GMBELLFMME3 COVQRORMAPPRWED EWAL MN2Maa AF OVmEQUAL. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, STRAW BALE SLOPE STABILIZATION NOTES: REVISIONS �Hf NEV YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, NEV YORK STATE SOIL 6 WATER CONSERVATION COMMITTEE DIKE PLUG OR STOPPER mIJPOSEOmwE COURSES CON CRETECOVERBELOYI N CRETE GRADE INGM$$MELS ( L ERDSNIR IRN CAOL BLANNEiSMEREWIRED TD BE INSrAt1E00N THE 1'3510E SLOPES »6AAKYT�iT� ASNECESS-LM WI WL 4500Ex01 TRAFFlC 2 THE EROSICNCONTROL SNALLBE NJLLIX IAS MAMFACTLREO BYNADUCW E%cEL510R -' SEEPRECASTbTnICTLIRE BEARING bLPB NMSHEDtRUDE COAPANY,ARUN.,ON,TEXAS(906771-fi5)ORAPMOVEOEO'JAL PVCSCR-35GSERAb REQDORM m NOTESFORRONFOR LNG LEACHING BASIN NOTES APPROVED EOWi a oo^AOSRPEGEIRGM VANES) REOUIREIFJRTS 24' T % EAG'/ATE ANO BACNALL3FET i THEER0.510NfAMROLBLAKKETSBHALLBEINSTALLEDAWANCRpRMD KR b MOIL DL EACMNGRING9NATH I.ALLDRAINAGESTMaURESSWALBEPLACEDMAC KABLELFACMNGS LSASAPPRI BY1H GINEER MTHE NANUFACTMERb REC01R4EMATION EDV CIXMErnbx s F - ""' SUITABLE POROUb MATEPoALAb EVENTPOGElFA10pNGIMTERIALISFNCOUNTERED.EXC.aVATIONISTOBECONTIN ME SJUABLEMATEMAI D 45•BEND 690Ex0,"A4X1 � ®®E MM.NFD BYTHEENGMEFR BACARLLEOM OETwLED. PART4 HFE 97E A FRn+2 4•MIN. 4•EOUAUTANON 2ND TRENCH,fli OR DTMEREXGVAnON SHALL BELEFT OPENOR UN4TTENOEO.E%GVADONSTOBE PROTECIEDAS PLUGWYI UN L o' a = SHEETRUNGASREOUIREO PIPE iO GALLEV " DIRECTEDBYTHEENGWERW FENCES&AR CESmDOTHERA'PR METHODS. I�6DIb eRUGF Infix uTERAi - WRMwnx6ILTER NO,=N.AT rcotLAR S.C.T.M.:DIST.1000 SEC.26 BILK 1 LOT.12.2 ROOF DRNNAGE LGLECTIONUNE - i5o'io 4m' GEOTEKnLE(FILTER FRBPoCIRxDRi '"GROUNDWATER 1 ALL0'NFUJR(4)[14 ESFMRNALADJUSNNGOFCASPNG ADEOUATEBEANMWIU_BEP DEOU5 CONCRETE ISEEPLVJFORSIM) -- 5r 5B WTx YhE JrvP,I TOPOFCOLLARBYNIR OR PN BLO .BACKAMJIORI'.2MORTMMK 5 -MAfEDEQ'JAL NOTE BERTAULT RESIDENCE --c- NMB:i 04RENAYbf MSTA._CS LEACHJNBWLLEYSTOBE 4THECONTRACTORSHALL PRPIIOEADEOUATE5HEE1MGAMSHORNGDURMGTRENCHING TOINSURE THE SAFETY O Condon Engineering P.C. C.O-A-SP-S J9EEGRM .D ScaIC AS SHOWN PLUS C_ECTEDCIREC-THE -A.-.) MAMJFACPJREOBYLONGISIArO WITHTHNAImMEGENERALN TITLE CODiO FENA7ARO50FFTIO G. TIs2BNGNATYAMH HEALTH I 95 NAVY STREET CJLIE1-AGE E%IAVAIEAMMtA'_N OF SIMONRGINSTRATACF PRECA5TMANAWRCVEDEOJAL WITH THE REQUIREA¢NTS OF THETI,LE2.000E OFFEOERAL Po:GUTATIONS,PARr 19M,SAfETYArIDHEALTH REG'JIAnONS ORIENT,NY .vWM_NG sTRLroREi S MAAGAYEORrOBO ONOFORWEI LEACHING FQRCDNSTRucIDN;Dsut D.-by.JJC 1755SigsbeeRoad OF WNUIEVER I5 DEEPER 5.BA ALLBAG(RLLM MALTOBEWMP9MBYJETTINGDRDTHER Mattiluck,New York 11952 CLEANOUT DETAIL ROOF DRAIN ADAPTER DETAIL GALLEY DETAIL GRADING& MPROYED MEANS (631)29&1986(631)298-2651 fax Data:tv14rz0zD www.condDnengi'neert'ng.com DRAINAGE PLAN -----�._ / - NOTE:SITE PLAN INCORPORATES DATAFROM SURVEYS I%j lN R. O'CO N N OR PREPARED BY: WILLOW STREET PECONIC SURVEYORS,P.C.,SOUTHOLD NY 11971 ARCHITECT,AIA N85°28'30"E EL.5.2' DECEMBER 12,2012 65.93, ' MARCH 2,R 20 23, - '-------- ' NOVEMBER 23,2020 __—__ I 8 Coryell Street I j � WARD BROOKS,LAND SURVEYOR,BLUE POINT,NY NY LIC.020554 / Lambertville,NJ 0853011, I I w I I RETAININGE B.W.5.2 OCTOBER 29,2021 Phone: 609.397.3635 y , , I I w ATTIC WALL ,- I I O STATUS OF BARN COMPLETION: I I 1.FOUNDATION- RELOCATED TO FEMA I I z I O COMPLIANT HEIGHT-COMPLETED&INSPECTED.(C&I) 2.BUILDING RELOCATED- (C&I) I N o I NEW 3-%8'RIDGE ——————_ 3.NEW ROOF FRAME AND SHINGLES-(C&0 I z J I I u •�/ `\ZP I 7.83' i 4.0 LANDSCAPE WALLS AT BARN&FUTURE SEPTIC T.W.8.0' EL=7.83' LOCATION AS DIPICTED ON GRADING AND I I I �_ -f ' B.W.6.3' O DRAINAGE PLAN 1 OF 1 PREPARED BY CONDON � ENGINEERING,P.C.DATED 12/1420.- WALLS Z (r> INSTALLED I NEW 3'X 8'DROPPEDBEAM I I x 2. co O ' I I BARI w N I EXISTING 1 1/2N STV.FRAME z O NEW 3.5'X e'M.LAM BEA / I � FLR.EL=8.6' ui 20' 1 T.W.9.2' -—-—-—- - I I I B.W.7.83' 'B.W.4.9' N89 '66 d I I I I I EL=7.83' S6 nE 54.53' xl I U T.W.9.2' N+I tD I EL.7.83' SHED I EL.=7.25' T.W.7.2' i i i I B.W.7.2' EL.6.6 '-----------1 NEW 3.5"X 8'M.LAM BEAM I ' I I -------- I of ' ON. O EL.7.83' EL.=7.83' � I I I I i I I I I LANDSCAPE RETAINING WALL I I I I 1 I I I I I I ,NEW 2"XB'FLR.JETS I T.W.8.17' I @l5 61C L�.E. f1EW 2'X8'RAFTERS JJEW 2'X8'RAFTERS -W-8.17' P6 5, �I�16'OIG I I I I EXISTING STONE , EPLACED 2'X4'@2'OIC(TYP.) 'I CURB WALL T.W.8.17' _ I I L RAFTERS ARE M�CHAN'CALLV B.W.4.0' B.W,7' I I ASTENED TO WALL WITH ,. E%I$TING I I URRICANE TIES. YflsL, B.W.5.2' SHED LL RAFTERS HAVETRAIGHT OVER F I HE RIDGE STRAPS., RAIN I GARDEN I y t I LANDSCAPE GAR i I RETAINING WALL II zr� I GROUND FLOOR PLAN: ATTIC FLOOR PLAN: Kai,I MAR 2 2022 SCALE:1l4'=1'-D° SCALE:1/4'=1'-0" Lot 1 f }> I I EXISTING UTILITY Q {V"C^ NO. DATE BY DESCRIPTION � i k a ij EXISTING 1 STY.KITCHEN REVISIONS 1 RKTRERESPO Ewc0IYOFTIEfANRUCTOR TO VEPIFYALLFIELD COIJORI0N5 PNO DOMPAAE OM�I550N50RMlYOTHE X E VITES.CTM O55'TFNLIES BEFORE ROT ERI MNSI MCI 16.T TOmEE CHRECT MEDwrFiveE REPORTED � _ E g_ 1 �•- E 'V,`,FJ P,( TOTHEMGYiECT � P ° '�� �° PRDhGiNAAIE 1 a' .° ,fir§ �'� '`z "": '•qi, I EXISTING 2 SN.FRAME HOUSE PROPERTY BUILDING LOCATION BERTAULT RESIDENCE t ' s^ 95 NAVY STREET,ORIENT,NEW YORK 11957 16.6' �, v� .v.� �� �� s- ,«...�t9 ;✓ �� � �- :z' DRAwwcnTLE , SITE PLAN-CURRENT WORK ASSESSMENT DATE 21572 DRAWING NO. - `.° <v 'I 6.6'o EXISTING COVERED PORCH _ E PLAN. ,OB ND. ,558 SIT EL_4.$', T.W.6.7' SCALE:1'=10' I _ B.W.6.0' BYAYM DS D � A-1 S ALE:A SHOWN S82°49'40"W 17.86' up S86°18'20"W ---- ---- ---- EL.6.0' RE�EweO 4 NEW CEDAR ROOF NEW CEDAR ROOF @RIDGE INTERSECTION INTERIOR ROOF CONST.@NEW BEAMNALLEY NAVY STREET 85.71' - ------ BY. GRO'C (1t RY R. O'CONNOR ARCHITECT,AIA 8 Coryell Street NY LIC.020554 Lambertville,NJ 08530 Phone: 609.397.3635 __—_--- _I R00111IOHT PER SURVEYI I8'-3311_ --------_-------- I I � I I I � —- FINISH FLOOR 100'-0'_ I FINISHELOOR 10P-0•_____________ (ELEVATION 9.6) (ELEVATION 8.6'1 I BARN WRAPPED IN WEATHER I BARRIER NORTH ELEVATION SCALE:114'=1'-0• 02 WEST ELEVATION SCALE:114'=1' ROOFHEIGHT PER SURVEY 118'-3314' i r 0 x 0 7 Q 3 NO. DATE 9Y DESCRIPTION REVISIONS RIS THE RESPONSIBORY OFTHE CONTRACTOR TOYERJFt LNFIDCONORIONS ANO CoNtR` TNEN MITH THE CONSTRUCTION DOCUIJE NTS ? FINISH FLOOR 100'-0'(ELEVATION B.fi) FINISH FLOOR 10_0'-0'(ELEVATION 8.6') — BEFORE CAS9JENaNG AGTNUES,ERRORS, OMMS40NSORNi1'OTHERMCIXJSISTENMES --- V TOS EARCO ALLIMNEOUTELVBE REPORIE) TOTHEMGMTECT PROJECTNAME PROPERTY BUILDING LOCATION i ra 3 G _ BERTAULT RESIDENCE to t 95 NAVY STREET,ORIENT,NEW YORK 11957 MAR DRkMG TIRE MAR e A A� ELEVATIONS-CURRENT STATUS bL GATE 2.1511 ORAYANG NO. 1 JJ09 N0. -1990 ,. 7 `tl8���`.il' S.il7ft\.. \.: �'.d' BY. !l°RA'hN OS SCALE'A�H6 SHOWN 4-2 03 SOUTH ELEVATION SCALE:1/4'=1'-9 4 EAST ELEVATION SCALE:,74=,'9 BY" °GRO'C NOTE: SITE PLAN INCORPORATES DATAFROM SURVEYS GARY R. O'CONNOR PREPARED BY: WILLOW STREET PECONIC SURVEYORS, P.C., SOUTHOLD NY 11971 ARCHITECT AIA — - - — _ EL.4.3'_ N85028130" EL.5.2' MACH2,DECEMBER 12, 2012 g ` - - - - E 65.93 MARCH 2, 2020 NOVEMBER 23, 2020 - — - - - - - 8 Coryeil Street • WARD BROOKS, LAND SURVEYOR, BLUE POINT, NY Lambertville, NJ 08530 NY I,IC• 020554 — — — — — — — — — — — — — — — — — — — — — — — — ---I I LANDSCAPE T.W. 9.2' 11715 r RETAINING B.W. 5.2' OCTOBER 29, 2021 Phone: 609.397.3635 w ATTIC WALL I � I I 1-- I xy , N STATUS OF BARN COMPLETION: I I cn & 0 I - 3 o N 1. FOUNDATION - RELOCATED TO FEMA u- z @J I COMPLIANT HEIGHT - COMPLETED &INSPECTED. (C&I) NEW 3"X8" RIDGE (3 2. BUILDING RELOCATED - (C&I) 1 N o I --- I �' 3. NEW ROOF FRAME AND SHINGLES - (C&I) ZD I i I z o ��� I ��F� T.W. 8.0' 7'83' 4. LANDSCAPE WALLS AT BARN & FUTURE SEPTIC EL.=7.83' I � B.W. 6.3' - LOCATION AS DIPICTED ON GRADING AND I I � `�'�,. ' O IDRAINAGE NGINEERINGAP.C. DATED 12114120.BY CONDO S w }/ I ��t�`f z I INSTALLED ( Cil NEW 3"X 8"DROPPED BEAM I I co 2 I co --® — ®- - - - - - - r N I 3: N ( EXISTING 1 1/2 STY. FRAME z / C� , BARN 1 I I IU NEW 3.5"X 8"M. LAM BEA I i : I FLR. EL.=8.6' Lu 1 - — - — - — - - I ( - 20 T.W. 92 I Q I i - - B.W. 7.83' B.W. 4.9' N89°56'00�� u- I - - I EL.=7.83' `` 5 ' I 4 53 I co N r , T.W. 9.2' I ri l z U SHED I I I EL.=7.83' EL.=7.25' BW. 72, ' EL.6.6' I zl I I I- - - - - - - - - - -- 1 NEW 3.5"X8"M. LAM BEAM LI - I i o , _° I00 I I ' .I- i I I m I I EL.=7.83' ON. Lu ` i EL.- -7.83' 1'Tl LANDSCAP 1 ( I I I RETAINING E I I I WALL 1 I I I NEWS 2"X8" FLR. JSTS i I I T•W 8 17 S—� I @16 O/C I i NEW 2"X8" RAFTERS NEW 2"X8" RAFTERS I g W 7 83, 1 I I@ 16"O/C I @ 16"O/C I EXISTING STONE , T.W. . EPLACED 2"X4"@2 "O/C (TYP.) CURB WALL I $•1� LL RAFTERS ARE M CHANICALLY B.W. 4.0 g W 71 I I ASTENED TO WALL ITH ( EXISTING ' URRICANE TIES. I B.W. 5.2' SHED 1 I LL RAFTERS HAVE TRAIGHT OVER ' I I HE RIDGE STRAPS. i ' I I RAIN GARDEN L — — — — — — — — — — — — — , — — I LANDSCAPE GAR. RETAINING I WALL I i I GROUND FLOOR PLAN: ATTIC FLOOR PLAN: Lot 1 SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" ' I x a c.Z2 -- G } 0 3 I EXISTING 0 m i i UTILITY yy A g a j EXISTING 1 NO DATE BY DESCRIPTION k .M & Ls Y STY. KITCHEN II - REVISIONS ITIT IS THE RESPONSIBLITIY OF THE CONTRACTOR TO VERIFY ALL FIELD CONDITIONS AND COMPARE n THEM WITH THE CONSTRUCTION DOCUMENTS F 16.7' OMMISSIONS OR ANY OTHER INCONSISTENCIES �> I BEFORE COMMENCING.ACTIVITIES,ERRORS, DISCOVERED SHIALL IMMEDIATELY BE REPORTED TO THE ARCHITECT g PROJECT NAME r PROPERTY BUILDING LOCATION F N �0 for r EXISTING 2 STY. FRAME HOUSE BERTAULT RESIDENCE 16.6' 95 NAVY STREET,ORIENT, NEW YORK 11957 ti I '� —'� DRAWING TITLE x r I,h SITE PLAN CURRENT WORK ASSESSMENT ,p' I DATE 2.15.22 DRAWING NO. I EXISTING COVERED PORCH o0 1 ( 8.6 o SITE PLAN: I I t— JOB NO. 1950 �i _ _ ._ - - - - T.W. .7 SCALE: 1" = 10' ELAH: _ - z ` SCALE:- - - - -- _ _ _ 1 B.W.B W 6 E:AS SHOWN o— , — —�� — � BRAWN o�S � UP S86 18 20 _ _. .� EL.6.0 NAVY STREET w 85.7 ' - - - - - _ - _ _ NEW CEDAR ROOF NEW CEDAR ROOF @ RIDGE INTERSECTION INTERIOR ROOF CONST. @ NEW BEAMNALLEY — , _ REVIEWED GARY R. O'CONNOR ARCHITECT, AIA 8 Coryell Street NY LIC.,,020554 Lambertville, NJ 08530 Phone: 609.397.3635 Lu ROOF HEIGHT PER SURVEY 118'-3 314" - - - I - - _ --7L - - W - L CL L _ - J 7r -- I J - - k L T - 7 L - J LiC �- - 1 I I 1 I T 1 I m= FINISH FLOOR 100'-0" I FINISHFLOOR 100'-0" — _ — (ELEVATION 8.6') I (ELEVATION 8.6') a � I - I BARN WRAPPED IN WEATHER BARRIER TNORTH ELEVATION SCALE 114"= 1'-0" WEST ELEVATION SCALE: 1/4"= 1'-0" ROOF HEIGHT PER SURVEY 118'-3 314" L J J L_ l _ - L _ - L 11 L J L- IL - J 7 ��. IL 0 g NO. DATE BY DESCRIPTION REVISIONS IT IS THE RESPONSIBLITIY OF THE CONTRACTOR TO VERIFY ALL FIELD CONDITIONS AND COMPARE THEM WITH THE CONSTRUCTION DOCUMENTS FINISH FLOOR 100'-0" (ELEVATION 8.6) FINISH FLOOR 100'-0" (ELEVATION 8.6') BEFORE COMMENCING.ACTIVITES,ERRORS, OMMISSIONS ORANY OTHER INCONSISTENCIES DISCOVERED SHALL IMMEDIATELY BE REPORTED (� .- — - — - -- - - - - — -- — - . TO THE ARCHITECT PROJECT NAME LL PROPERTY BUILDING LOCATION for a BERTAULT RESIDENCE 95 NAVY STREET,ORIENT, NEW YORK 11957 DRAWING TITLE ELEVATIONS - CURRENT STATUS DATE 2.15.22 DRAWING NO. JOB N0. 1950 DRAWN DS SCALE:AS SHOWN A-2BY: — --- "— - REVIEWED (�)SOUTH ELEVATION SCALE: 114 - 11-011 4 EAST ELEVATION SCALE: 1/4 - 1 o BY: GROG _ 3 Revisions 06-13-97 r t 10-30-00 .I .. _.• — t 1 B t MATCH 04-22-02 _ 4 12-17-03 h 06-22-04 B-9-0q r: a'+ 4\ r 3 I t 7 `, _ i=Ft yn.'" !t FOR RCL NO 0a-25-0.5 _^ ,t •\ ,A51 1 r- -.-- 1 „ ~ t SEE SEC.NO. 03-01-G7 { // `y \ w ' si - ` 1iti 11 02504-011.9 01-2808 'Q.� f \�Cfn\`��j -� Z t 33 .t 05-24-19 \� '- t t01 't K,`" 9 �' t 13 12.2 1 t rf,\\ 121 *,; 11�\ 9y\\• ,.;i'/ ��:w t; �Y ••'t 1; C :t. 32.1 -__ `♦ �,\tS%\\✓/ NPv� •' ; 25 tstl ( •` •11 1'\ •�\ t ; 30i•C, \ .. t ,s �� ,it (var widl 28 2127 •`x^r-^t`5 " \`k I' 38 j 23 i, •i, 22 to 20.1 \tt.. Ktii✓'y t1t 12 ,t\,\\s,3 •\tt �`�\\� `` 11 op- O,p ?r' <., s+ 15 GG \'� s 39.12 31 oR- -- + „e, 'Z yr VI►r1e C n-f �: � Z, � �. 30 ♦ 23 24 °1 le #I .356082 ' LL� . ' P'P [ 23 NE WNINWMLOWW 01STRCTS GWVD _,t_ _ era w: O a""�"^r�"^" -�- aA.,a t2.'Altlla121A �y/ •�.. ______- 12.1 Af,c. I.1 —E— ——" r.�,•u•a --- :n-n�. (21) r.NO•..,e.., ,1, f'"d'Jy 7,y�3y