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HomeMy WebLinkAbout11499-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-25379 Date NOVEMBER 21, 1997 THIS CERTIFIES that the building Location of Propert~ 4326 WESTPHALIA RD. House NO. County Tax Map NO. 1000 Section 113 Subdivision N~W DWELLING MATTITU~K, N.Y. Street Hamlet Block 9 Lot 10.1 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 29, 1981 pursuant to which Building Permit No. 11499-Z dated DECEMBER 7, 1981 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED WOOD DECK & AS PER ZONING BOARD OF APPEALS #2959. The certificate is issued to of the aforesaid building. ROSEAN-ME K. SCHWARTZ SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL JUNE 23, 1982-11-SO-69 UNDERWRITERS CERTIFICATE NO. N-566733- JUN~ 23, 1982 PLUMBERS CERTIFICATION DATED N/A TOWH OF '~O~THp~ ~ BUILDIN~ DEPARTMEN~ TOWN HALL ' SOUTHOI~D, N~ Y~ i : (THIS PERMIT MUST BE KEPT ON THE PP, E/~IS~S UNTIL . COMPLETION OF THE WORK AuTHORiZED) 11499 Z Date ULL at p~remis~s located at ~. ....................... C0u~nty T( x Map No. 1000, Section' ;.....J./...~...:.,;;. }J~' i',.;~.Z...,.i~.., ILot~ No.~.~,,.~./. ~uilOing I~spector. . . " }~ Build~[l~ector FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall ,~.'~uthold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions This application must be filled in typewriter OR ink, and submitte~p!ica~eto the Building Inspec- ~lor with the following; for new buildings or new use: · Final survey of property with accurate location o[ all buildings, property lines, streets, and unusual v/~'~2 natural or topographic features. · Final approval of Health Dept. of water supp y and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of~:Fire Underwriters. 4. Commercial buildings, Industrial buildings. Mu~'tiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the buiMing. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of 'peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 / 2. CertJficateofoccupancyonpre-existingdwelling/landuse--?re-Ex±st±rig C.O. $15.00 3. Copy of certifieate of occupancy $1.00 ~a~ant land C.O. $ 5.00 Date Oct 8~1~84 New Building .1~..e.w..3.~..i~.d.i.i-~d or Pre-existing Building ....... : .... Vacant Land ............. Location of Property ...~.~.i.'v.~..~.e..~.9 .~..q~.f..o.f...~.e.~.~.p1~.~,~..!~.d,. House No. Street Ham/et Owner or Owners of Property ...~.o.s.~..i~..i'1.e..~.:..S.c.t~. ~.~.r.~..~ ................................... County Tax Map No. 1000 Section .],],~ ........... Block .. ~9. ........... Lot .1.0...1. ........... Subdivision ................................. Filed Map No..8.17.~./~./~....Lot No .............. Permit No..1.~/+99 .... Date of Permit .1.2/.~'./~. ~_..Applicant . ~R.q~]3.~.e..~,. ~.qhw~;~. .......... Health Dept. Approval .~r.e.s.,..~.u.~.e..2. 3.,.],9.8..2' . .Labor Dept. Approval ........................ H.D, Ref #ZZ5069 Underwriters Approval .Ye~.,.. 6/Z~L/'.82 ......... Planning Board Approval .y..e?.,. oA. ~or.1.1...2.2.,.1.9..8.~ Request for Tempo rary Certi ficate ..................... Final Certificate ~. ~ .~u.~ 8 ~;. ~or. ¢.Q ...... Fee Submitted $..~.,.0.0. ....................... Construction on above described building and.p~rmit meets all atQ~lica~le codes and regulations· Applicant.. ~g'~..~...~...... ~. ~ .................... Rev. 10-I0-78 FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall .~)~outhold, N.Y 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY TOWN OF SOUTHOLO Instructions A. This application must be filled in typewriter OR ink, and submitte~J~cctc to the Building Inspec- v/~or with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual v~ natural or topographic features. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal), : Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic featu res. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 / 2. Certificate of occupancy on pre-existing dwelling/ land 3. Copy of certificate of occupancy $ 1.00 use --Pre-Existing C.O, $15.00 Vacant land C.O, $ 5.00 New Building .~, ,e,w, ,~,g~,~,~,~ld or Pre-existing Building ....... : .... Vacant Land ............. Location of Property ...~.r.:[.~.~. ~.e..z; .o .~.d..o.~, .~..o.~...W.e.s.~p~.~,],~..~.~ .. ~-b.~ $.~p.c.~.,. ~T...¥.. ~19~2 House No. Street Ham/et Owner or Owners of Property . . .R.o.~.~.~.'g..e..I~..,..S.c.h..w?..~.'b..~ ................................... County Tax Map No. 1000 Section..],],~ ........... Block .. ,9. ........... Lot .]..0.,.~. ........... Subdivision ................................. Filed Map No. 8, ,Z,-.~,~...Lot No .............. Permit No. ].~99 .... Date of Permit .1.2/.~'../~Z .Applicant . ~.qs~-T~(~ .~,. ~ChwaJc~z .......... Health Dept. Approval . y.e.s.,..~..u:p.e...27.,.1,~.8..2...Labor Dept. Approval ........................ H.D. Ref ~115069 Underwriters Approval .ye~.,.. 6~/1.1/. 82 ......... Planning Board Approval .~...e?.,..A.]p.r.~];...2.2.,.~.9.8.4 Request for Temporary Certificate ..................... Final Certificate~u,~81;. ~or. C.CI .... Fee Submitted $. ~...0.0. ....................... Construction on above described building an~rmit meets all a~;~l~z.c?~d regulations. Applicant...F,'~..~"~. ~ ..... :~ ................... Rev, 10-10-78 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 ! . APPLICATION FOR CERTIFICATE OF OCCUPANCY .%. This application'must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept.~of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contm~ ~ less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildimgs and installations, a certificate of Code Compliance from~architect or engineer . responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. , For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate oC Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwe!iing $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2.Certificate of Occupancy on Pre-existing Building - $100.00 3.Copy of Certificate of Occupancy - $5.00 over 5 years $10.00 Updated Certificate of Occupancy - $50.00 5.Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date ............ /. .... ~ ...................... :Iew Construction .... ~ ...... Old Or ~re-existing Building ....... House No. Street Hamlet Onwe~ or Owners of Property.. .~+~ .... ~· ' ' .7. ! County Tax Ma'p No 1000, Section .......... Block .............. Lot ................. Permit No.o//.~.?.~ ...... Date Of Permit../..~/~./.~.l~..Applicant.~.~.[.~.'~i.~.'''''~ ....... g oard Approval ............ .. Request for: .Temporary Certificate ........... Final Certicate ........... Fee Submitted: $ ............................. Chairman BOARD OF APPEALS TOWN OF SOUTHOLD November 18, 199~ A. Wickham, Esq. ~ Wickham & B~essler, P.C. Main Road '.0. Box 1424 , NY 11952 Re: Conditions Under Appl. 2959 (Schwartz Parce .' 1000-113-9-10.1 at Mattltuck Wickham: reference: tot he above application~' this: aC~ees improvements recently constructed and are approved at this time and ~esolution dated April 14, 1982; The ~]ob Bt placing three inches of compacted the entry access io a width of' 18 Of the, right-of-way to the Schwa~,tz i~arCel ( hote that the right-of-way must' be ,individual lot owners while occupying the Our office has furnished the Building ' fo~* theii~ permanent records. iDept. Attn: Very truly yours,.,i GERARD P. CItAIRI~N Ed Forrester///~>~" ' 1000418 THE NEW YORK BOARD OF FIRE UNDERWRITERS BUREAU OF ELECTRICITy ~ 85 JOHN STREET, NEW YORK, NEW YORK 1OO3~ m,,e Ju~e 23, 1982 ~..,,~..o~o.o~.~ 1567~-82 N 566733 THIS CERTIFIES THAT ORly the el~tHcal equipmen[ a~ described ~w an~ i~trod~ed by ~pp~nt ~ On t~e aDp(i~p~ion~m~r~n~e ~fe,t~s of i, tl~efollowlng {oc%tlon; ~ ~ent ~ 1st FI. ~ 2nd FI. Sectlo,, Block Lot FIXTURES RANGES ' OVENS FIXTURE OUTLETS SWITCHES FLUORESCENT DRYERS DISH WASHERS EXHAUST FANS SYSTEMS NO. OF FEET OTHER APPARATUS: 1-G.F.C.I. 2-~moke De~ec~ors, 1~4.5kw H.W.Ho E R V I C NO OF CC, COND, PER ,~' 1 OF CC COND Z/O NO OF HI-LEG,· OF HI LEG NO OF NEUTRALS 1 2/0 Alexander O. Box 222, :Aqug~ogu~, N.Y. 11931 L:Lm This certificote must not be altered in any manner; return to the office of the Board if be COpY F~R BUILDING DEPARTMENT. THIS COPY OF ANY MANNER. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD November 6, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 , F~.". "5 If' ~ 23 BLDG. DEPZ ) ~ 0~OUTHOLD J Abigail A. Wiekh~m, Esq. Wickh,,~, Wickham & Bressler, P.C. 10315 M~in Road P.O. Box ~424 Mattituck, NY 11952 Re: Your Letter dated November 3, 1997 Request for Inspection - ZBA ~2959 1000-113-9-10.1 (Schwartz Parcel Access) Dear Ms. Wick_ham: Upon inspection of the access road to the above Schwartz parcel, it is noted that the access right-of-way to this lot does not meet the requirements under New York Town Law, Section 280-A as exists. Please have the Contractor follow the specifications listed the Conditions of ZBA Action #2959 dated April 14, 1982, and confirm the materials used in writing to us when requesting another inspection. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure cc: Building Department __?Attn: Ed Forrester u,hold Town Board o ea s ;MAIN RDAD- STATE RE3AD 25 ~WTH~LD, L.I., N.Y, 11971 TELEPHONE (516) 765-~809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Arthur M. Schwartz, M.D. 240-11 Maryland Road Douglaston, NY 11363 Re: Appeal No. 29~.9 Dear Sir or Madam: This letter is to confirm that the following actionwas taken at a Regular Meeting of the Southold Town Board of Appeals held on Wednesday, April 14, 1982: /--- RESOLVED, that the applicant, Arthur M. Schwartz, M.D; be _j.~ranted>approval of access over the new right-of-way in question, pUfDuant to New York Town Law, Section 280A as applied in Appeal No. 2959 and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The entrance within the right-of-way shall be a minimum width of 12 feet (widened to the existing trees) for the first 30 feet commencing from the right-of-way property line along West- phalia Road; (CONTINUED ON ATTACHED SHEET) An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. If you wish to start construction as early as pos- sible, please return to or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary cc: Building Department Page 2 April 15, 1982 Arthur M. Schwartz M.D. Re: Appeal No. 2959 2. The right-of-way must have a width of not less than 15 feet and be cleared of all trees~ brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property; 3. The entire access road commencing from Westphalia Road and to the applicant's property shall be improved with a minimum depth of two inches of packed three-quarter inch stone blend; 4. No certificate of~o~par~c~y_ shall be issued for the construc~i~-n of any buildings or structures, or any existing bbUildings or structures, on the premises to which this access is referred, until all of the conditionsset forth herein have een complied with; 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be necessary and recommended by the Town Engineer; 6. That upon completion of the improvements of this access road, the Board of Appeals shall receive notice of such completion in order that an inspection of the access road may be made as to meeting the above requirements; 7. That this access is deemed to include the approval of access to all lots abutting the subject private road from the public town street to the parcel in question. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. GERARD P. GOEHRINGER, CHAIRMAN By Linda F. Kowalski, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals MAIN ROAD- STATE ROAD. 25 SOUTHOLD, L.I., N.Y. 1197t TELEPHONE (516) 765-1809 October.20, 1981 Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 Re: Appeal No. 1632 Location of Property: Mattituck, NY Right-of-Way off Westphalia Road, Dear Mr. Cron: With reference to our discussion concerning the access road to the subject parcel, please be advised that it is the consensus of the board members taken at a Regular Meeting held October 15, 1981, that the access road be improved according to the attached specifications, which are normal conditions placed by this Board in approving access roads. CG:lk Enclosure CC: Yours very truly, CHAIRMAN Dr. Arthur M. Schwartz, M.D. Southold Town Building Department~/ RESOLVED, that rights-of-ways, private roads of access to one or more parcels of land or buildings approved subject to the following requirements: I. Such access 2. Such access road shall be cleared of all trees, other obstructions to a width of 15 feet. Such access road shall be improved in E~THER of road shall'have a width .of not less methods: (a) Surfaced with three-quarter-inch emergency vehicles. or other means be than 15 feet. brush and the following a minimum depth of four inches of packed stone blend so-as to afford access for Such stone blend may be~either applied four-tenths of a gallon of road oil per square yard. No building permit shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the conditions set forth herein, have been complied with. -- sand bank layer blend, to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b) Shall have topsoil removed to a depth of eight inches and th~n filled with eight inches of a good grade stone and run. The surface shall then be covered with a of two to four inches of three-quarter inch stone or in the alternative, oiled with a minimum'of 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant shall be required to construct such drainage facil- ities as may be recommended by the Town Engineer. 6. That the access road be approved by the Town Engineer as to meeting the above requirements. FIELD IN~FECT%ION, , FOUNDATION (1st) FOUNDATION (2nd) 2. COMMENTS~ ; ROUGH FRAME & PLUMBING INSULATION PER N. STATE ENERGY C DE FINAL ADDITIONAL COMMENTS: Page 2~ ~ Decision Rendered December 5, 1981 Appeal No. 2925 - Arthur M. Schwartz, M.D. By this appeal, applicant requests approval of access over an existing, traveled right-of-way off the northeasterly side of Westphalia Avenue, with a variance from the usual road specifica- tions for such rights-of-way as adopted in 1979 by this Board. On August 24, 1972 approval of access was granted to a previous~Qwner of the subject parcel (1000-113-9-10.1), Ruth Sloan Gimbernat, subject to the following two conditions: [1] Access is to be approved by the Building Inspector, and [2] Approval of this access is also subject to applicant having or obtaining legal access over the route herein approved. The Board finds that this access road has not been approved since 1972 by the building inspector. The applicant presumably purchased this parcel during 1981 without knowledge of the 1972 variance or restrictions con- cerning all rights-of-way and private roads. On March 22, 1979 this board unanimously adopted a resolution requiring all rights- of-way, private roads, or other means of access to one or more parcels of land or improvements to same, et cetera. Applicant was recently denied a building permit to construct a new dwelling on the subject parcel inasmuch as the access road has not been improved to the requirements of Town Law, Section 280-A and the Board of Appeals conditions in Appeal No. 1632. Subsequent to the previous appeal and this board's 1979 resolution concerning private roads, the applicant purchased the subject premises. Upon personal inspection of the property, the Board finds that the existing right-of-way is traveled to a width of approxi- mately 11'7" for the first 30 feet from the Westphalia Road/ property line, and then the right-of-way extends past applicant's property for approximately the same traveled width, more or less. At the beginning of the right-of-way (along Westphalia Road) is an entrance gate haying a clearance of approximately 11'7". It is the feeling of the Board that the width of the right-of-way at the entrance and along the first 30 feet in length should be widened to 12 feet, without removing any trees. It is also the feeling of the Board that the right-of-way past the first 30 feet may be widened, without significant difficulty, and should be widened to a minimum of 15 feet, to applicant's property. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances here- in are unique; that by allowing the variance no substanial detri- ment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. was On motion by Mr. Goehringer, seconded by Mr. Grigonis, it Page 3 Decision Rendered December 5, 1981 Appeal No. 2925 - Arthur M. Schwartz, RESOLVED, that the applicant be granted approval of access over the existing and traveled right-of-way, pursuant to New York Town Law, Section 280-A, as applied in Appeal No. 2925, application of ~rthur M.-.. Schwartz, M.D.., SUBJECT TO THE FOLLOWING ~ONDITIONS: 1. The entrance within this right-of-way shgll be a minimu~a width of 12 feet (widened to the existing trees) for the first 30 feet commencing from the tight-of-way property line along Westphalia Road. ~ 2. The right-of-way must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property. ~ 3. The entire access road commencing from Westphalia Road and to applicant's property shall be improved as follows: % (a) The existing traveled right-of,way with a good base shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend, and (b) New cuts along this right-of-way as required above shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend. -- 4. No certificate of occupancy shall be issued for'the con- struction of any buildings or'structures, or any existing buildings or structures, on the premises to which this access is referred, until all of the conditions set forth herein have been complied with. 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facil- ities as may be necessary and recommended by the Town Engineer. 6. That upon completion of the improvements of this access road, the Board of Appeals shall receive notice of such completion in order that they may inspect same as to meeting the above require- ments. Location of Property: Off Westphalia Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers Island). This resolution was unanimously adopt~. He DEC # The following conditions apply to all permits: If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit shall be available at the project site wheneger author- ized work is in progress° The permit sign enclosed with this permit shall be protected from the weather mid posted in a conspicious location at the work site until completion of a~,thorizcd work° At least 45 hours prior to commencement of the project~ the permittee shall complete and return the top portion of the enclosed receipt form certifying th~ ~,e is fully aware of and u.~derstz]nds ~!1 provisions and conditions of this permit. Within one week of completion of the permitted work the bottom portion of that form shall also be completed and returned. For projects invoivz~g activities to be accomplished over a period of more than one year the para, tree sb~!l notify the Regional Permit Administrator in w~tingat least 48 h~urs prior to the ccmmenc3me~t or resumption of work each year. If project design modificg.tions take place after permit issuance~ the permittee shall submit the appropri~i~ plan changes for approval by the Regional Permit Administrator prior to nndcrtakipg any such modifications. The permittee is advised that substantial modification may require submission of a new applica- tion for permit. All necessary precautions shall be taken to preclude contamination'of any wet- lands or water~ay by suopended solids~ sediment~ fuels~ solvents, lubricants, epoxy coatings, p~ints~ concrete, leachate or any other environmentally dele- terious materials associated with the project work° Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law° The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, New York District~ 26 Fed- eral Plaza, New York, M=w Zork 10007, (Attention: Regulatory Functions Branch), prior to commencing work authorlzcd herein. The granting of this permit does not relieve the permittee of the responsibi- lity of obtaining a grant~ easement~ or other necessary approval from the Division of Land Utilization~ Office of General Services, Tower Building, Em- pire State Plaza~ Albany~ New York 12242, which may be required for any encroach- ment upon State-owned lands under wa~ero Regional Permit Administrator NYS Department of Environmental Conservation Building 40~ SLrNY - Room 219 Stony Brook, New Yo£k 11794 516-751-7900 NEW YO~ STATE DEPARTMENT OF ENVIRON~AENTAL CONSERVATION PERMIT PERMIT NO. TNS72-0138 UNDER THE ENVIRON~i~TAL CONSERVATION LAW [ ARTICLE 15, (Protection of Water) "[~J ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) LJ ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO - Rnseanne~char~z ADDRESS OF PERMITTEE e40-11 Maryland Rgad, Douglastg~n NY 11363 " LO~^TION OF PROJECT (Section of stream~ tidal wetiand~ dam, building) DESCRIPTION OF PROJECT __£on~t~J~ue_famtLi}~dwelling a minimum_of 75' landward of the tidal wetland boundary__ ~[Ld_Sanitary S~Ls~em a minimum o][~)~ndward of t~a! wetland boundary.____ COMMUNITY NAME (City, Town, Village) _ Ma t t~_i~LCk~ .... COUNTY FIA COMMUNITY GENERAL t. The permittee shall file m the office of the appropriate Regional Permit Admmistratou a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him 2. The permitted work shall be subject to ms~ection by an authorized representalive of the Department of Environmental Conservation who may 3. As a condition of the issuance of this permit, the applicant has ac- cegted expressly, bythe execution of the agp[icat~on, the full legal res~on- ever suffered, arising o~t of the prolect described herem and bas agreed to indemmfy and save harmless the State from stats, actions, damages and costs of every name and description resulting from the sa~d ~roject. 4. Any material dredged in the prosecuHon of the work herein permitted bed o~ the waterway or flood plum or deep holes that may ~ave a tendenc~ [o cause injury to navigable channels or to the banks of the waterway. 5. A~y material 1o be deposited or dumped under this permit, either m at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substanUal bulkhead or bulkheads, such as will ~revent escape of the material into the waterway. 6. There shah be no unreasonable mterference with navigation by the work herein authorized. 7. T~at if future operations by the State of New York require an alteration in the posiUon of th~ structure or work herei~ authorized, or i~, in the opinion of the Department of Enwronmental Conservation it shall cause, unreasonable obstruction to the free navigation of said waters or flood flows 9r endanger the health, safeW or welfare of t~e people of the State, or loss or destruchon of the natural resources of the State, the owner may be ordered by the Depart- thereby without expense to the State; and if, u~on the expirahon or revocation walercourse hereby authorized shall nol be compleled, the owners shall, cond~hon the navigable and tlood capacity of the watercourse. No claim shah TOWN Southol d NO. DAM NO. PERMIT EXPIRATION DATE 9/30/82_ CONDIlTI ONS 8, That the State of New York shall ~n n(~ case be liable for any damage or injury to the structure or work here~n authorized which may be caused by or result from future operations undertaken by the State for the conservaUon or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9, That if the display of lights and s~gnals on any work hereby authorized is not otherwise provided for by law, such hghts and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- 11. If graoted under Articles 24 or 25, the Department r~serves the right be just and equitable, if upon the expiration or revocation of th~s permit, the modificaUon of the wetland hereby authorized has not been completed, the applicant shall, wahout expense to the State, and to such extent and in such site to its former condition. No claim shall be made against the State of New 12. This permit shall not be construed as conveying to Ihe applicant any right to trespass upo~,the lands or interfere w~th th~ riparian rights ut others party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. tf granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. ~s contingent upon strict compliance with the special conditions on the 95~20.4 (9/75) (SEE REVERSE SIDE) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To '/'~'~r' .,7.77~..~. ~:~. .............. PLEASE TAKE NOTICE that your application dated. ~C~~~ ..... , . . . . .~.. 19~. · for pe~it to coust~ct...~.~.(~.. ~4Z-~... ~[~fcZ~ :~ ................. at ~ouse No. ~ ~ Street County Tax Map No. 1000 Section ../.[ ~ ....... Block . . .~ ~ ...... Lot Q[.~.v.(~ Z.. ~ pN Subdivision ................. Filed Ma o. Lot No .................. is returned herewith and disapproved on the following grounds/~:~V~C B~Qd~g ,Inspector RV 1/80 ¥ - 87 days tollow 19.$1 279th day. 86 days follow TUESDAY E~ OCTOBER TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 October 9, 1981 Board of Appeals Town of Southold Main Road Southold, New York Re: Appea~ #1632, dated August 24, 1971 Gentlemen: We have received an application for a building permit to construct a one family dwelling on lot approved under Town Law 280a with conditons. Condition #1 stated that access be approved by the Building Inspector. To my knowledge, this was never done, there is nothing in the file to indicate approval at that time from the Building Inspector nor any copy of notice sent out requesting this inspection. Subsequentiy, on the 22nd day of March 1979, the Board of Appeals passed a resolution establishing requirements for private roads providing access to lands and buildings. I have had to disapprove the application for building permit due to the access road not being approved. I have received several calls from the contractor and owner who can't seem to understand the problem since there are others using this R. O. W. Since the Building Inspector no longer approves these access roads. Flease advise as to what I should tell the applicants if they should contact our department requesting issuance of building permit again. ~~.,' ~~Y s truly~ Edward F.~d~indermann Building & Housing Inspector EFH:jd APPEAL BOARD MEMBERS Robert '~/, GillispJ¢, Jr,~ Ch~irm,~n Robert Bcrgzn Chadcs Grcgonis, Jr. Serge Doyen~ Jr. Fred Huls¢~ Jr. ~OUTHOLD, L. I., N. Y. Telephone SO 5-9660 ~0UTHOLD T0k~ BOARD OF APPEAI~% August 24, 1972 D A regular meeting of the ~outhold Town Board of Appeals was held at ?:30 P.M., Thursday, August 24, 1972, at the Town Office, Main Road, Southold, New York~ There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grlgonis, Jr.; Fred Hulse, Jr. Absent: Nr. Serge Also present: Mm. Howard Terry, Building Inspector. Decision of the Board of Appeals on Appeal No. 1632. A Public Hearing was held at 8:30 P.M. (E.S.T.), August 10, 1972, on application of Ruth ~loan Gimbernat, Westphalia Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and ~ection 280A of the Town Law, for permission to divide property with insufficient frontage. Locatiou of property: north side of Westphalia Avenue, Mattituck, New York, bounded north by the Creek; east by Worthen; south by Roseanen; and west by Butler. After investigation and inspection the Bosmd finds that appli- cant requests permission to divide property with insufficient frontage on premises located on the north side of Westphalia &venue, Mattituck, New York. The findings of the Board are that this is a reasonable division of p~operty which will provide approximately 1.38 acres in each of the two parcels to be created with access to these paresis over the present traveled road as described in Young & Young survey dated July 2%, 1972, The Board finds that strict application of the 0rdinanoe would produoe practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties South,Id Town Board of Appeals -2- August 24, 1972 alike in tho immediate vicinity of this property and in the same use district; and the variance will not change the character o£ the neighborhood, and will observe the spirit of the Ordinance. On motion by F~. Gil!Ispio, seconded by Nm. Bergen, it was RE~0LVED Ruth Sloan Gimbernat, Westphalia Road, Mattituck, New York, be GRANTED permission to divide property with insuffici- ent frontage on premises located on the north side of Westphalia Avenue, Mattituok, New York, as applied for, with access to those parcels over the present traveled road as described in Young and Y~ang survey dated July 25, 1972, #72535. This access is subject to the following conditions: 1. Access to be approved by the Building Inspector. Approval of this access is also subject to applicant having or obtaining legal access over the route herein approved. Vote of the Board: Ayes:- Msssrs: Glilispie, Bergen, Grlgonis, Hulse. - PGBL~C HEARING: &ppeal No. 1641- 7:4~ P.M. (E.2. T.), upon application of Thomas Eamuels, Fisherman's Beach Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article iZI, Section 300, Subsection C-2 and Section 302, for pormi.szon t? construct an accessory building in the front yard aroa. Location of property: Lot ~3, Mmp #786, Peconic Bay Properties~ Inc., south side ~-ivate Road and northwest side Nassau Point, Cutohogue, Ne~ York. Fee paid $15.00. The Chairman op~ned the hearing by' reading the application for a variance, legal no,ice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. TRE C~IR~AN: Is there anyone present who wishes to speak for this application? (There was no ~esponse.) ~HE CHAIRMAN: Is there ara.ne present who wishes to.speak againmt this application? (There was no response.) $outhold Town Board of Appeals -22- January 9, 1975 PUBLIC HEARING: Appeal No. 1987 - 9:30 P.M. /E.S.T.) upon application of Andrew Galgano & Others, 162 Park Avenue, Bethpage, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access. Location of property: R.O.W. off northeast side of Westphalia Road, Ma~tituck, New York, bounded on the north by Howard Creek; east by now or formerly Gimbernat; south by Penny & Schutt; west by Schutt & Others. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and noti ce to the applicant. THE CHAIRMAN: The application is accompanied by an Agreement to Purchase describing the property and a Van Tuyl survey indicating that the subject parcel is 177.96' in width, 580' on the westerly line and 545' on the easterly line. It adjoins Land of Gimbernat. The waterfront lot has a house and a garage on it and is shown as being 60,000 sq. ft. The new lot to be created consists of approximately 40,000 sq. ft. It is 177.96 on the southerly dimension and 225 feet on both the easterly and westerly dimensions. This property is reached from Westphalia Road bY a right of way which is designated as being parallel to the surveyed lines but the actual traveled right of way is somewhat different from the right of way on the survey. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? JOHN W. GIBLIN, JR., ESQ.: I represent Mr. Andrew Galgano, Sr., his son, Andrew Galgano, Jr., and Carol Galgano. The Galgano's purchased this plot in such a way that it would be divided into two plots to run on the right of way of the westerly boundary, tn order to accomplish this a variance is necessary to allow them access to the property; to allow the waterfront plot access and egress; also to allow the rear plot to have access to the Creek. That's the sole purpose of the application% THE CHAIRMAN: There is no question of this right of way coming in from Westphalia Road is there? MR. ROBERT BERGEN: No. January 9, 1975 Southold Town Board of Appeals -23- MR. GIBLIN: The description as set forth in the contract is not completely accurate; there are some survey variations. The Deed will give the description of the two parcels and the right of way as set forth on the survey by Van Tuyl. THE C}~AIRMAN: Basically, you are asking for one ownership. MR. GIBLIN: Three of them will own two plots. It's a father, son and daughter-in-law. The purpose of that is really financial. THE CHAIP/~AN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation a~d inspection the Board finds that applicant~~sslo~to ~lvld~ 'lot and for_~approv~aal P_f access b__ecaus~ o~ lack of approved access on p~operty lo6~ed on R.O.W. off northeast side ~..I~-q{~oa~~ ~ M~[ The findings of the ~-~ard are that the proposed ~be approximately 40,000 sq. ft. in area, and the waterfront lot which has an existing house and garage is approximately 60,000 sq. ft. Applicant wishes to erect a one family dwelling on the 40,000 sq. ft. lot and asks for.approval of access from Westphalia Road. In addition the waterfront ~' wi±±'~e a right of way over the rear lot to allow ingress and egress, and also, the rear lot to have a right of way to the water. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance' would produce practical difficulties or unnecessary hardship; the hardship _created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. ~' On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Andrew Galgano, Sr., Andrew Galgano, Jr., and Carol Galgano, 162 Park Avenue, Bethpage, N. Y~ be GR~NTEp permission to divide lot and be GRANTED approvai~'~ Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. 7GS.1802 BUlL,DING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. I* ] FOUNDATION 2NrD[] INSULATION [ ] FRAMING FINAL REMARKS: DATE g'///~/~',~._ INSPECTO"~-~ / En¥ironmen~a~ Engineers & Scientisls HOLZMACHER, McLENDON and MURRELL, 575 BROAD HOLLOW ROAD, MELVILLE, NEW YORK 11747 (516). 694-$040 WATER RESOURCES · WATER SUPPLY & TREATMENT " SEWERAGE & TREATMENT · AQUATIC & MARINE ECOLOGY MODEL STUDIES * PILOT PLANT STUDIES · WATER/WASTE WATER LABORATORY AND ANALYTICAL SERVICES LAB.. NO. FIELD NO. ~ TIME COL. BY ~[{:~ c)~, CLIENT'S NAME AND ADDRESS DATES: '~GOLLECTED RECEIVED ANALYSIS REC. CODE RESULT PREMISES OF SAMPLING POINT POINT OF COLL~-CTION: DISTRIBUTION WELL OTHER (SPECIFY) ROUTINE RE-SAMPLE SPECIAL COMPLAINT 0,, ~. ~ ~,~, RAW (1) TREATED (2) OTHE~ (3) WELL NO. ONLY I,D, 03 '~ L TEST · Bacteria APC/ml ~°pl'Nf ~lr~0 r r~a C ' e ria TEST RESULT TEST ,~ Phenol N~trates (mg/I N) Alkahnity (mg/I CaCO3) Chemica~ Oxygen ; Total Demand (mg/I) Phosphate (mg/I P) Ortho Chlorides (rog/I) (mg/I P) Total MISCELLANEOUS Hardness (mg/I as CaCO~) Test Code  Total Odor: Cold Alkalinity (mg/I as CaCO~) -- Sulfate Odor: Hot pH (mg/I SO~) Total Acidity Solids (rog/I) Specific ~m~g./I) CohO. (umhos),. Free CO~ (mgll) Detergents (mg/I as MBAS) ';;: (mg/I) Nomograph -- Tdration ,  D~ssolved Oxygen (mg/I) FreeFree Hexavalent Ammonia (mg/, N) Chromium (mg/t Or AIb. Calcium .k ] ~lmb~onia N) Hardness (mg/I as CaCO3) (mg/I UNitrites (mg/I N) oF (Field) RESULT TITLE t DATE ~::' I "* LABORATORY DIRECTOR REPORTED / ~ "/' S.C. McLENDON FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 76§-1B02 Approved r ..... , l f. rmit Disapproved a/c ..................................... .... . . . . . 17 - /, , > .... ( idingIn pector) INSTRUCTIONS Application No..//.~Z.~.7 ........ a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work· e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessar~,~s. ~ /)~ignat~e of applicant, or n~e, if a corporation) /_~ox 2-/7 .-~-¢'~.~/o~ .~ l~/:?3 / · r..~'...t ......... r..I. ?'. '..'¢".~./< ~x~; ................ (Mailing ~(ddress c)Tapplicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ... ~v..9. ~..~ ?:~ ......................................................................... Name of owner of premises .... ~_~..O.V(' . .~..~...~.. ?..C. .... . .~..C,...~...b~.,..~..~ .......................... (as on the tax roll or late~,Wdeed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .... 2. :.~.' ............... Plu~nber's License No .... :..~...~. ............. Electrician's License No .....~..6>. L ...... i ...... Other Trade's License No ...................... 1. Location of land on ~hich proposed work will be done .................................................. ........... ~.~. .:.~ &. /~.¢, . . .~. . .:.~ ................... ?. . :. ~ ./../:?.c .~ ................ House Number Street Hamlet County Tax Map No. 1000 Section ...././. ~ .......... Block...~?..~. ............ Lot. 9./.0.7./. .......... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occup?ncy of proposed construction: a. Existing use and occupancy .... .L,(. ?...C..~..~.. ~. ..... /0. ~ ...................................... b. Intended use and occupancy .... (~. : ..... .~)~. ......... .~. ...... .r4..(-..~. .................. 3, Nature of work (check which applicable): New Building ...... Addition .......... Alteration .......... Repair.. ............. Removal .............. Demolition .............. Other Work ............... ~ (Description) 4. Estima ed Cost ..... t../. v.~..' .' .................. ~ ..... Fee ........................ ' I ' (to be paid on Filing this application) 5. If dwelling, number of dwelling Cnits ....... J ....... Number of dwelling units on each floor ................ It' garage number of cars 6. If' business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structure$, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure wiih alterations or additions: Front ................. Rear .................. Depth ~ ................... i. · Height ....................... Number of Stories ........... ri' ' ' 8. Dimensions of entire new construction: Front .... ,,~. ~. ...... Rear .... ,,~..~..~: .....Depth .. ~. Height, . ............. , Nur0ber of Stories ........ .aOrf,. ....... .,d:. ........ .~. ........ ~.,~ .,~ ............ 9. Size of lot: Front .... /, ~..O~, ......... Rear ....... c~.'.25~.~.. ....... l~e,,th ....O...r'..2~. ........ ~.. 10. Date of Purchase .. i...~.. ~.~. ~. ............... Name of Former Owner /.'.~.rlr¢'.~q.f.'ejZ... ?~'~. ~..o?'. ~,:'.c.(' 1 1. Zone or use district in ' .,<' ~t/~,-e~,,~ r which premises are situated ............................. /.-.. ~..(g. ~.....~. ........... 12. Does proposed construction violate any zoning law, ordinance or regulation: ......... ~/~...~ .................. t.. 13. Will lot be regraded ....... ,0.' ................... Will excess fill be remgyed fron~pre~ni~:~, Yes Nb 14. Name df Owner of premises ~.~i. o~G,~/. ¢,:.~.r..f'~.. Addre~s~.~.r; ~-, ./.d.../~,~..~.' .~ne lq~. ~.rd..~?.~,~'. ?<d.'z .',. Name Of Architect .. ~r'~/~.,,~ ~-.~.f.....~,..~.. f .... Address ............. ~. :... Phone No..../~,-%.././.~../'~. Name of Contractor,./~. ~"~7Y. ioC. f.,e'/'/f~- ...... Address . .~..d..P'.,(:.~d.f.. ~ ~ Phone No..,2,2-..2-:..~.6 PLOT DIAGRAM Locate clearly and distinctly all lbuJldh~gs, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block aumber or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW(YORK, - ......~,~,.~t ~, ~-,~ ~ [J ~~'~';~ ~i~c'+{ .......... being duly sworn, deposes ~d says that he is the applicant above named. He is the ................... ~ ..... ~ ................................................... .: ff . ~(ConX~agent, corporate officer, etc.) of sad owner or owners, ~d is dul? auth~erform or have perfomed the said work and to m~e and file this application ;~ that all statements contfiined ~ ~is application are true to the best of his ~owledge and belief; and that the work will be performed in the m~ne~ set forth ~ the application filed therewith. Sworn to before me this~ ~., 19~. .......... ~ Public, · ....... ~ .... :.'.~County ~ ~ARY ~BLIC, State of ~ew Y~ ..... ,~ ~0. 52-81~5850, Suffolk Co ~,lotto ~xp,res March 30, 19~ TOW~ Or SOUT~O~V, ,~gW ~0~ aCT~O~ 0~' TU~ ZO~¢~ ~otam m~ Appea~ No. 2925 by application Dated November 10, 1981 ACTION OF T~E ZONING BOAR~ OF APPEALS OF THE TOWN OF gOUT?tOLD To Richard J. Cron, Esq. as attorney for Arthur M. Schwartz, M.D. Main Road, Cutchogue, NY 11935 at a electing of tile ZonLng Board of Appeals on December 5, 198~ was considered and ~e action ~udiested below was t~:en on your ) Reque~ for variance due to lack of access to properly ) Request for a special exception under the Zoning Ordinance ) Request for a variance te the Zoning Ordinance tX) Request for approval of access and variance to Board of Appeals road specifications adopted in 1979 Appellant the appeal gr~nted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning O~inance and the decision of the Building Inspector ( ) be reversed ( ) be x,~xg~l~x Public Hearing: 11/24/81: Application of Arthur M. Schwartz, M.D., by Richard J. Cron, Esq., Main Road, Cutchogue, NY; for a Variance to Section 280-A, Subsection 3 of New York Town Law and Article XIV, Section 100-141(B) for approval of access. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; bounded north by Howard's Brach; west by Berner; south by Penny &ano.; east by Munz. County Tax Map Parcel No. 1000-113-9-10.1. (SEE ATTACHED SHEETS) 2. VARIANCE. By resohltiou of lhe Board it was determined that (al Stric~ application o~ the Ordinance (would) twP.,eld not) produce tmrdshio because practical difficulties (SEE ATTACHED SHEETS) (b) Tho hr~dship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the hmnediate vicinity of this property and in ti~e same use district because (SEE ATTACHED SHEETS) (c) The variance (docs) (does not) observe the .~pirit of the Ordinance and (would) change t~e ck~roc~er of the district b~cause (would not) (SEE ATTACHED SHEETS) and thereforo, it was tm'thor determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Boilding Inspector ( ) be confirmed ( ) be reversed. CG:lk FOR~ ZB4 ZONIi~G BOARD OF ~%~P~xad5~ ~Wt~ [ 2 , EIV D AND FILED BY SOU iO D TOWN CLEBI . ~ _~.~- .. ~ Town Clerk, Town ~thold Decision Rendered DecemDer 5~ 19B1 Appeal No. ~925 - ~rthur ~. Schwartz, M.D. By this appeal, applicant requests approval of access over an existing, traveled right-of-way off the northeasterly side of Westphalia Avenue, with a variance from the usual road specifica- tions for such rights-of-way as adopted in 1979 by this Board. On August 24, 1972 approval of access was granted to a previous owner of the subject parcel (1000-113-9-10.1), Ruth Sloan Gimbernat, subject to the following two conditions: [1] Access is to be approved by the Building Inspector, and [2] Approval of this access is also subject to applicant having or obtaining legal access over the route herein approved. The Board finds that this access road has not been approved since 1972 by the building inspector. The applicant presumably purchased this parcel during 1981 without knowledge of the 1972 variance or restrictions con- cerning all rights-of-way and private roads. On March 22, 1979 this board unanimously adopted a resolution requiring all rights- of-way, private roads, or other means of access to one or more parcels of land or improvements to same, et cetera. Applicant was recently denied a building permit to construct a new dwelling on the subject parcel inasmuch as the access road has not been improved to the requirements of Town Law, Section 280-A and the Board of Appeals conditions in Appeal No. 1632. Subsequent to the previous appeal and this board's 1979 resolution concerning private roads, the applicant purchased the subject premises. Upon personal inspection of the property, the Board finds that the existing right-of-way is traveled an irregular width of approxi- mately 11'7" for the first 30 feet from the Westphalia Road/ property line, and then the right-of-way extends past applicant's property for approximately the same traveled width, more or less. At the beginning of the right-of-way {along Westphalia Road) is an entrance gate having a clearance of approximately 11'7". It is the feeling of the Board that the width of the right-of-way at the entrance and along the first 30 feet in length should be widened to 12 feet, without removing any trees. It is also the feeling of the Board that the right-of-way past the first 30 feet may be wide~.~d, without significant difficulty, and should be widened to a minimum of 15 feet, to applicant's property. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances here- in are unique; that by allowing the variance no substanial detri- ment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony ~ith and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. was On motion by Mr. Goehringer, seconded by Mr. Grigonis, it Page 3 Decision Rendered December 5, 1981 Appeal No. 2925 - Arthur M. Schwartz, M.D. RESOLVED, that the applicant be granted approval of access over the existing and traveled right-of-way, pursuant to New York Town Law, Section 280-A, as applied in Appeal No. 2925, application of Arthur M. Schwartz, M.D., SUBJECT TO THE FOLLOWING CONDITIONS: 1. The entrance within this right-of-way shall be a minimum width of 12 feet (widened to the existing trees) for the first 30 feet commencing from the right-of-way property line along Westphalia Road. 2. The right-of-way must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property. 3. The entire access road commencing from Westphalia Road and to applicant's property shall be improved as follows: (a) The existing traveled right-of-way with a good base shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend, and (b) New cuts along this right-of-way as required above shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend. 4. No certificate of occupancy shall be issued for the con- struction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred, until all of the conditions set forth herein have been complied with. 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facil- ities as may be necessary and recommended by the Town Engineer. 6. That upon completion of the improvements of this access road, the Board of Appeals shall receive notica of such completion in order that they may inspect same as to meeting the above require- ments. Location of Property: Off Westphalia Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers Island). This resolution was unanimously adopted. PPROVED --Chairman Board of Ap'peals TOW~ OF SOUTHOLD, ~TE~V TOI~K ACTION OF THE ZONTNG I~OAI~D OF API'EALS Appeal No. 2959 by application Dated March 10, 1982 ACTION OF THE ZONING BOARD OF APPEP~LS OF TI{E TOWN OF SOUTHOLD Tn Arthur M. Schwartz, M.D. 240-11 Maryland Road Douglaston, NY 11363 ~ DATE. ~./_21./.8.2 Appellant at a meeting of the Zoning Board of Appeals on April 14, was considered and the action indicated below was ta. ken on your (X) Request for variance ~II:~:~0Xb[~ of access to property ) Request for a special exception calder the Zoning Ordinance ) Request for a variance to ti~e Zoning Ordinance ( ) 1982 the appeal granted ( ) be denied p~ ................ paragraph ..... ~tdl. · ~ 1. ~~et7. ( ) b~ reversed ( ) be Public Hearin~ 4/14/82: Application of Arthur M. Schwartz~ M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, New York Town Law Article 16, Section 280A over a new right-of-way located off the northeasterly side of Westphalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ann.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. (SEE ATTACHED TWO SHEETS) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE ATTACHED TWO SHEETS) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE ATTACHED TWO SHEETS) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE ATTACHED TWO SHEETS) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector be confirmed ( ) be reversed, lk FORM ZB4 ZONING BOARD OF APPEALS Page 2 Appeal No. 2959 Arthur M. Schwartz, M.D. Decision Rendered April ]_4 , 1982 By this appeal, applicant seeks approval over a new right- of-way as recorded in Liber 984, cp 99, which the board understands to be the legal access to the premises and which is more particu- larly shown on survey by Young & Young, L.S. dated January 18, 1982. The right-of-way is 15' in width and extends 567.98 feet to the premises in question from Westphalia Avenue. At the beginning of the right-of-way in question (at Westphalia Avenue) is an entrance gate having a clearance of roughly 11'7". Previous appeals have been made concerning access to the subject premises by Appeal No. 1632 dated August 24, 1972 and by Appeal No. 2925 dated December 5, 1981. Upon inspection of the premises, the board has found the right-of-way requested by this application to be newly cut; and it is the opinion of this board that the right-of-way may, past the first 30 feet in length be widened to a minimum of 15 feet, without significant difficulty, to the premises in question, and that the width of the right-of-way beginning at the entrance gate and along the first 30 feet in length should be widened to 12 feet. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the applicant, Arthur M. Schwartz, M.D. be granted approval of access over the new right-of-way in question, pursuant to New York Town Law, Section 280A as applied in Appeal No. 2959 and SUBJECT TO THE FOLLOWING CONDITIONS: 1. .The entrance within the right-of-way shall be a minimum width of 12 feet (widened to the existing trees) for the first 30 feet in length commencing from the right-of-way property line along Westphalia Road [Avenue]; ~.' 2. The right-of-way must have a width of not less than 15 feet and be cleared of ail trees, brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property; 3. The entire access road commencing from Westphalia Road and to the applicant's property shall be improved with a minimum depth of two inches of packed three-quarter-inch stone blend; 4. No certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred, until all the conditions set forth herein have been complied with; 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be necessary and recommended by the .Town Engineer; 6. That upon completion of the improvements of this access Page 3 Appeal No. 2959 Arthur M. Schwartz, M.D. Decision Rendered April 14, 1982 road, the Board of Appeals shall receive notice of such completion in order that an inspection of the access road may be made as to meeting the above requirements; 7. That this access is deemed to include the approval of access to all lots abutting the subject private road from the town public street to the parcel in question. Location of Property: Right-of-way off Westphalia Road [Avenue], Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen Douglass and Sawicki. This resolution was unanimously adopted. - Ch~i(man,.,,l~'oard o! Appeals RECEIVED AND FILED BY TI{E SOUTHOLD TOWN CLERK Town Clerk, Town of Southold . [ . AT M&T'flTU&K o~fE, _Iu~.I,'I~I ~cilitie~ for'thiS looat~on have been ~OL~ CO~TV, ~E~ ~0~ ~o. ~a~p$oted b~ thi~ departmen~ ~d found ~ ~Nr-DATA F~ APPRO~L TO C~S/RUCT file ~e~ FOe W~O~ THE $U~EY IS uc mm ) ~ OSTRANDER AVENUE YOUNG a YOUNG ~,~,o,~ ~o~ ~.Aff~ ¢~N~O ~ ~.*.b, PA?U~ ~LDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR NYS [XSVATION IgPE~B REQU~ED ~, ,.~ APPROVED New YORK STATE EOUCATI~ LAW flEALTH DEPARTMENT-DATA F~ APPRO~L TO C~STRUC T AND ~ ~ ~LF ~ THE TITLE C~P~Y, GOV~N- ~ ~CK ~ LOT ~, I HE~E~p Ak6 tO ~E ASSle~EES OF rile LENDme j ~W2.$¢~ ~p~I>N~D 10 ~.8.b. ~A?UN ~ ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S. OCENSE NO 1~845 HOWARDWYOUNG, LAND SURVEYOR ~ FtELD ~ATI~S ~O OR DATA Oe~mN~O ~ROM OTHER S