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