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Home My WebLink About22836-zFORM NO. 4 TOWN OF SOLrfHOLD BUILDING DEP~RTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-24858 Rte: 01/16/97 T~IS u~TIFIES that the building ADDITION & ALTERATION Location of Property: 3705 CAMP MINEOLA RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax ~p No. 473889 Section 123 Block 5 ~t 34 Subdivision FiledNap No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 5, 1995 pursuant to which Building Per,alt No. 22836-Z dated JL~NE 19, 1995 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 ADDITION & ALTERATION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. 7/31/09 AMENDED TO INCLUDE ALTERATION FROM SEASONAL TO YEAR ROUND. T~e certificate is issued to ARTHUR AXBERG, JR. (OWNER) of the aforesaid building. S[~FFOI~ CO~ DEPART~T OF ~L~ ~PPRO~L~L N/A ~3.Rcr£~fC~J~ Cq~TIFIC3%~ NO. N 406986 12/27/96 PL~ ~?IFIC~%TION DA','~D 12/18/96 PECONIC PLUMBING & HEAT r/z re Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~ERTIFICATE OF O~CUpANOY No Z-24858 Date JANUARY 16, 1997 THIS CERTIFIES that the buildin~ ADDITION & ALTERATION Location of Property 3705 CAMP MINEOLA ROAD MATTITUCK, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 123 Block 5 Lot 34 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 5, 1995 pursuant to which Building Permit No. 22836-Z dated O~NE 19, 1995 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 ADDITION & ALTERATION TO EXISTING OWE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to of the aforesaid building. ARTHUR AXBERG, JR. (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS'CERTIFICATION DATED Rev. 1/81 N/A N-406986- DEC. 27, 1996 DEC. 18, 1996 - PECONIC PLUMBING & HEAT. / /~ng In~spector CONSENT TO INSPECTION Arthur H. Axberg, Jr., Trustee Owner(s) Name(s) , the undersigned, do(es) hereby state: That the undersigned (is) (are) the owner(s) of the premises in the Town of Southold, located at 3705 Camp M±neola Road. Mattituck. New York which is shown and designated on the Suffolk County Tax Map as District 1000, Section 123 , Block 5 , Lot 34 That the undersigned (has) (have) filed, or cause to be filed, an application in the Southold Town Building Inspector's Office for the following: Updated Cert±f±cate of Occupancy That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that any information obtained in the conduct of such inspections may be used in subsequent prosecutions for violations of the laws, ordinances, rules or regulations of the Town of Southold. Dated: July 30, 2009 / (Signatfi~5 rb/ Arthur H. Axberg, Jr., Trustee (Print Name) (Signature) (Print Name) FORM NO.3 tOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHO~.D, N.Y. 22836 Z BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission Is hereby granted to: .~.....¢..,~...,/..~....~.,~..¢_ .................... . ~~.~...:......:... ~ ........................... Counh/Tax Map No, 1000 Section ........ .~.,,,~....~-. ..... Block ....... ~ ............. Lot No...'.,.~. ,.~.... ............... pursuant fo application dated ............... ..%~...~....~... .............19.. ?~ and approved by,he Building inspector. Fe~ S.,~./.E...~ Rev, 6/30/80 Building Form No. 6 TOWN OF SOUTHOLD BUILDINC 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 contains less, than 2/10 of 1% lead. 5., Connnercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. Submit Planning Board Approval of completed site plan requirements. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and ~Jpre-existing" land uses: 3. Accurate survey of'property showing all property lines, streets, building and unusual natural or topographic features. ~. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. ~. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $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-existinK Buildin~ - $100.00 3. Copy of Certificate of Occupancy - .25¢ 4. Updated Certificate of Occupancy -'~50.00 5. Iemporary Certificate of Occupancy - Residential $15.00, Commercial $1~.00 Date . . .~..~.!~... J.~. ( .~. 9..~ ................... Jew Construction ........... Old Or Pre-existing Building....wJ~.. ....... :... ~ocation of Property...~.7.~..~.~...~..~. ~. ~. ~.~.~..~.q~./~... ~.~ ..... .~..t~.~.-~ }.~.~C..~..~.. ~....¥. ...... House No. Street Hamlet )nwer or Owners of Property...~.~.--~.~,...~..~..~..~.6.~? ..................................... ]ounty Tax Map No 1000, Section../.~ ....... Block..~. ............ Lot.~..~. ................... bdivision ~ Filed Map ~ Lot ~ ~ermit No ~**~.~..~.~..~....Date Of Permit ................ Applicant.~..~.~--~...-~..~-.,..~.~.~..~.~..~..~... lea]th Dept. Approval~.~ ............ Underwriters Approval.~ .................. ~lanning Board Approval .... ~equest for: Temporary Certificate ........... Final Certicate..~.... -- ~ee Submitted: $ ....... ............... ~ ~ . ~ ~1 ~p c o % W ' .... ...... FORM NO.3 TOWN OF $OUTHOLD BUILDING DEPARTMEh~' TOWN ~ SOUTHOLD, N.Y. 23346 Z BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Dote ....... ~]~r.i..1...~5., ....................................... 199.6 ....... Permission is hereby granted to: Arthur I]. Axberg, Jr. ! Delaware Rim Dr. Yardley, Pa 19067 to CONSTRUCT LOW PROFILE RETAINING WALL (6" to 12") AS APPLIED FOR. Coun%,Tax Map No. 1000 Section .......... !~.3. .......... Block ........... .5. ............. Lot No ......... .3..4. ................ APRIL 5, pursuant to application dated .......................................................... 19...?.?. .........and approved bythe Building Inspector, 35.00 Fee $ ......................... Rev. 6/30/80 Town Hall, 53095 Main Road P.O. Box lt79 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-t802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTFIOLD C E R T I~.F I C A T I O N / Building Permit No. ~~ Owner: (please print) Plumber: /4~,;. /O~O/'/?~//V~ (please print) I certify that the solder used in the water supply system contains less than 2/10 of 1% lead. Sworn to before me this of Notary Public, ~// ~/~--"F(~/C Coultty Public, Slata ol New York No. 01 ST4844752 Qualiliad in Suilolk County Commissioa Expires Sept. 30, ~IEL1) INSPECTI]ON REPORT DATE CO~E~S ~/,C O.M.a.~o]a~;-oo;; ELEVATION CERTIFICATE FEDERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD INSURANCE PROGRAM · ATI'ENTION: Use of this cBrtlflcate does not provide a waiver of the flood insurance purchase requirement. This form is used only to provide elevation information necessary to ensure compliance with applicable community floodplain management ordinances, to determine the proper insurance premium rate, and/or to support a request for a Letter of Map Amendment er Revision (LOMA or LOMR). Instructions for completing this form can be found on the following pages. SECTION A PROPERTY INFORMATION BUILDING OWNER'S NAME ARTHUR H. AXBERG, JR. STREET ADDRESS (Including Apt., Unit, Suite and/or Sldg. Number) OR P.O. ROUTE AND BOX NUMBER 3705 CAMP MINEOLA ROAD IFOR INSURANCE COMPANY USE POLICY NUMBER COMPANY N~ OTHER DESCRIPTION (Lot and Block NurnDers, etc.) 1000-.123-5-34 STATE zip CODE crn' Mat tituck NY 11952 SECTION B FLOOD INSURANCE RATE MAP (FIRM) INFORMATION Provide the following from the proper FiRM (See instructions): I (in AO Zones, use depth) t COMMUNITY NUMBER 2. PANEL NUMBER 3. SUFFIX 8/16/93 A-4 8 360813 116 D (Rev 5/23/96)1 . 7. Indicate the elevation datum system used on the FIRM for Base Flood Elevations (BFE): [] NGVD '29 ~ Other (describe on back) 8. For Zones A or V, where no BFE is prev[ded on the FIRM, and the community has established a BFE for this building site. indicate the community's BFE:I I I I I J,L.J feet NGVD (or other FIRM datum-see Section B, Item 7), SECTION C BUILDING ELEVATION INFORMATION 1. Using the Elevation Certificate Instructions, indicate the diagram number from the diagrams found on Pages 5 and 6 that best describes the subject building's referencelevel 8 . 2(al. FIRM Zones Al-A30, AE, AH, and A (with BFE). The top of the reference level floor from the selected diagram is at an elevation cfi I I I1~) I.~iJ feet NGVD (or other FIRM datum-see Section B, Item 7). (bi. FIRM Zones V1-V30, VE, and V (with BFE). The bottom of the lowest horizontal structural member of the reference level from the selected diagram, is at an elevation of ~. I I I I I .~] feet NGVD (or other FiRM datum-see Section B, Item 7). (cl. F RM Zone A (without BFE). The rio'or used as the reference level from the selected diagram is I I I.LJ feet above [] or below [] (check one) the highest grade adjacent to the building. (d). FIRM Zone AC. The floor used as the reference level from the selected diagram is L_J-] .L.J feet above [] or below [] (check one) the highest grade adjacent to the building. If no flood depth number is available, is the building's lowest floor (reference level) elevated in accordance with the community's floodplain management ordinance? [] Yes [] No [] Unknown 3. Indicate the elevation datum system used in det~rmin rig the above reference level elevations: [~ NGVD '29 [~ Other (describe under Comments on Page 2). (NOTE: If the elevation datum used in measuring the elevations is different than that used on the FIRM [see Section B, Item 7], then convert the elevations to the datum system used on the FIRM and show the conversion equation under Comments on Page 2.) 4. Elevation reference mark used appears on FIRM: [] Yes E~ No (See Instructions on Page 4) 5, The reference level elevation is based on: [] actual construction [] construction drawings (NOTE: Use of construction drawings is only valid if the building does not yet have the reference/eve/floor in p/ace, in which case this certificate will only be valid for the building during the course of construction. A post-construction Elevation Certificate will be required once construction rs cdmplete.) 6, The elevation of the lowest grade immediately adiacent to the building is; [ [ [ [ /0 [.~3_~ feet NGVO (or other FIRM datum-see Section B, Item 7). -- SECTION D COMMUNITY INFORMATION 1. if the community official responsible for verifying building elevations specifies that the reference level indicated in Section C, Item 1 is not the "lowest floor" as defined in the community's floodplain management ordinance, the elevation of the building's "lowest floor" as defined by the ordinance is: L I I I I I.LJ feet NGVD (or other FIRM datum-see Section B, Item 7). 2. Date of the start of construction or substantial improvement ~ ~,,~, ....... SEE REVERSE SIDE FOR CONTINUATION ~EM~ ~:~ ~,%~i~. ~l~,y ~ REPLACES ALL PREVIOUS EDITIONS SECTION E CERTIFICATION This certification is to be signed by a land surveyor, engineer, or amhitect who is authorized by state or Iocat law to certify elevation Information when the elevation information for Zones Al-A30, AE, AH, A (with BFE),V1-V30,VE, and V (with BFE) is required. Community officials who are authorized by local law or ordinance to provide floodplain management information, may also sign the certification, in the case of Zones AC and A (without a FEMA or community issued BFE), a building official, a property owner, or an owner's representative may also sig, n the certification. Reference level diagrams 6, 7 and 8 - Distinguishing Features-If the certifier is unable to certify to breakaway/non-breakaway wall, enclosure size, location of servicing equipment, area use, wall openings, or unfinished area Feature(s), then list the Feature(s) not included in the certification under Comments below. The diagram number, Section C, Item 1, must still be entered. I certify that the information in Sections B and C on this certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. CERTIFIER'S NAME Roderick Van Tuyl LICENSE NUMBER (or Affix SEal) LS25626 nTLE COMPANY NAME Licensed Land Surveyor Roderick Van Tuyl, P.C. ADCR£SS C~TY N.~TATE 218 Front St. P 0 Box 8 Greenport ' l19Z~P4 DATE S,eNATUR~ /~,~/,.....~ Oct. 18~ 1996 ~)~E--477-0170 Copies should be made of this Certificate for: 1) community official, 2) Insurance agent/company, and 3) building owner. COMMENTS: Datum for elevations is mean sea level, based on observed high water at scheduled normal high tide, reduced by half the average rise and fall of tide in this area (2.4 feet · 2 = 1.2, so mean sea level = 0.0 and ordinary high = 1.2). ON SLAB A V ZONES ZONES WiTH ON PILES, BASEMEN~ PIERS, OR COLUMNS A A V ZONES ZONES ZONES ' The diagrams above illustrate the points at which the elevations should be measured in A Zones and V Zones. Elevations for all A Zones should be measured at the top of the reference level floor. Elevations for all V Zones should be measured at th(~' bottom of the lowest horizontal structural member. Page 2 Helical end-bearing pdes have alleviated stresses on buildings caused by foundation shilting in defective soils. As additional support members, the screwed- in helical piles extend tl~eir bearing plates into under- lying stable subsoil. The small-diameter pile shafts simply penetrate the expansive soil zone without significant disturbance. Both new and renovated slructures have been successfully supported by this melhod. PTS ~omp~nents adapt to sites and conditions Installed in sections, PTS high- capacity helical piles solve pro- blems in confined or Iow- headroom areas. This makes the piles ideal for underpinning existing foundations showing signs of failure or to upgrade their capacity for additional bearing requirements, such as adding additional stories to existing structures. For building sites on soils that creep with time, helical screw piles used as anchors also deliver advantage, tn such cases, where the moving soil also tends to carry downhill any structure founded on them, piles can be installed both vet- tically and at an angle opposing the creep direction. This permits the soil to flow around the small helical cross-sectioned shafts of the piles used aS piers, while the companion piles installed as tie- backs resist the horizontal loads the soil movement places on the structure. To resist seismic loading where conditions dictate, tieback/pile anchors also are readily incorporated into new building construction. PREMIUM TECHNICAL SERVICES CORP. 100 Grand Street (RT, 7) · Westbury, NY 11590 E/~//M/I?/~ ~ ¢?,/~UL~,,.~. $~.~.K~..a~.allaBL~ Tel, (516) 334-0000 · Fax (516) 334-0085'~ · LOW ffeoe KOOm ~fli lies Inslolled 1 (800)282-PILE '~ · Foolings Pressute..In',l~?~ · Undeq)inning ,. , COPYRIGHT 1990 PREMIUM TECHNICAL SEiRVICES CORP. · 5ml Stobilizolion · Slobs ~udiocked ' fouodofions K~poitea HELICAL END.BEARING PILE SYSTEM SAVES DAYS AND DOLLARS COMPAR~E.~ TO CONCRETE, HYDRAULICALLY JACKED, HAMMER DRIVEN OR OTHER PILE METHODS. Advantagest · Lower installed costs · · Vibration-free installation · Wide range olcapacities · · Each pile torque-tested dur- ing installation ~, Prove-, fort ~ · Supporting new structures "Underpinning existing structures · Raising existing slruotures · Retaining walls, revetments, buildings, roadways, dams, levees · Predictable results · One-trip convenience · Noconcrete required in many cases · Holds design loads in various types ct soils · Installs in any weather · Installs in limited-access situations · Installs with specialized equipment · Less equipment needed · Noconcrele trucks or groul pumps · Easy to store and transport Square- nsSImfi Pile with ion Extendable screw piles include Square Shaft and Type HS. Type HS PREMIUM TEC. HNICAL SERVICES CORP. 100 Grand Street (RT. 7) Westbury, NY 11590 EN~INEERIN~ & COIdUI~TIN~ SERVICES AVAIL4BI. E Tel. (516) 334-0000 Fax (516) 334-0085 Low Ii·od I{oom t~ini PiJe~ Imlolled 1 (800)282-PILE ·.Foolings Pressure.lniednd · Underpinning COPYRIGHT I~ PREMIUM TECHNICAL SERVICES CORP. · ,Soil Stabilization · $10~ Mndjacbd · Found¢ions Repaired COMPUTER.ASSISTED DESIGN MATCHES HELICAL PILES TO VARIOUS SOIL CONDITIONS AND REQUIRED LOAD CAPACITIES. Bead-,fi,plate theery Foundation design typically can be divided into two steD~f~ based on soil charact~i~cs and Icad. 2. Select shaft configuration based on Icad and anticipated installation torque. Capacity equation The computer-assisted design procedure utilized by Premium Technical Services Corp. is based upon the well-established General Bearing Capacity Equation: qa = CNc + q Hq where qu = ult~ate s~l bearing pressure C = cohesion of soil ~ = overburden pressure ~c = bearing capacity factors for local ~ = factors for local shear conditions The Icad capacity of a multi-helix anchor is the sum of all individual helix capacities. individual helix bearing capaci~ is the product of its projected area (Ah) and bearing pressure (qu). Reduction in Icad capaci~ should be accounted for in LOAD .~-*' ~ .~ '~" ~. '~ sensitive .~oils. Allowances should be made when the zone of influence for a helix includes strata of different lengths. This analysis depends on a "deep anchorage' failure mode. This condition is satisfied when the helix depth-to-diameter ratio is a minimum of 5. in~lal~q terq~e Monitoring installation torque helps indicate pile capacity. The ratio between holding capacity and installation torque suggests LOAD QI 10 as a rule of thumb. This value typically ranges between 7 and 12. Torque monitors are available from PTS. Their use provides a good method of quality control during installation. PREMIUM TECHNICAL SERVICES CORP. 100 Grand Street (RT. 7)' Westbury, NY 11590 ~J~man.tlte ,a. Ce, ~ut,~,,.t~. ,~.,~1~, ?.~?4/ia,z, · L~ fl~O K~m Mlfll rfl~ Ifl~ Tel. (516) 334-0000 · Fax (516) 334-0085 _ . , _ .._ 1 mare 2~-PUE · F~s rressm~ni~ · U~ni~ PTS TIEBACK ANCHOR SYSTEM · Reliable, predictable holding strength · Economical installation cost · Installs in any weather · Holds design loads in specific soils · Permanent or temporary installations · Installed anchors can be proof- tested immediately · No advance site preparation · Proper depth achieved by addition of extension rods · Installs in confined or cramped areas · No concrete required. PREMIUM TECHNICAL SERVICES CORP· 100 Grand Street {RT, 7) · Westbury, NY 11590 IN~INEEIIII~ 4 COI~IIITII~ $11~1Cl$ Af~AILdIL$ Tel. (516) 334-0000 · Fax (516) 334-0085 _e !OW ~eOd R~m. M. in! Pile??l.ed. I (800)282-PILE · I-oolings rmssure~nlectea · unaeq)~nn~ng O COPYRIGHT 19gO PREMIUM TECHNICAL SERVICES CORP. · Soil Stobilizolion · Slobs/~edjocked · Foundalions Repaired IJlMPORTANT NOTE: ALL SUGGESTED · JDETAILS ARE CONCEPTS ONLY. ACTUAL DESIGN JMUST BE MADE BY A PROFESSIONAL ENGINEER SUIT APPLIED LOADS ANu SOIL CONDITIONS. ~M~ne, SUGGESTED GUIDLINES FOR.' HELICAL PILE-TO-FOQTING CONNECTION , , TITLE: F't t F...TO- I;:0UN ~ &liOld SCALE: SHEET: OF: DATE: 18" MINIMUM LENGTH OF ANCHOB SHAFT ABOVE COUPLING 4" MAXIMUM HEIGHT ADJUSTMENT ..ll-I/~" MAXIMUM HEIGNT ABOVE MOUNTING SILL 5-1/I6" ANCHOR BOLT LOCATION :: g-I/2" 6~1/2" IMPORTANT NOTE: ALL SUGGESTED DETAILS ARE CONCEPTS ONLY. ACTUAL DESIGN 1 7-7./IG" ANCHOR BOLT CENTER-TO-CENTER DISTANCE BOTTOhl 'VI&IV OF BRACh'ET BODY =NOTES= ,-~ HO! DiP GALVANIZE PER ASIH AI53-ILAlEgT REVISIONI, MECHANICAL RATING~ ON BRACKET: ANCHOR TYPE STABILIZIt~ LOAD ILBSI LIFTINO LOAD ILB$1 $~5 TS.ODD 20.000 S~150 ~0,000 25.000 PREMIUM TECHNICAL SERVICES CORP. 100 GRAND STREET WESTBURY, N. Y. 11690. (516) 334-0000 1(800) 282-pile FAX(516) 334-0085 SUGGESTED GUIDLINES FOR: HELICAL PILE-TO-FOOTING CONNECTION FITLE: MUST BE MADE BY A PROFESSIONAL ENGINEER ~ ~-BOLT B~/~KET SUB-ASS' Y lc fO SUIT APPLIED LOADS AND SOIL CONDITIONS. I I I FOO'T~G E6o~.'r~ C~-3 Ol~,OLt'~ ¢.. I~ I. P{ LF-. IIIMPORTAN'r ALL SUGGESTED NO.,I:E: IDETAILS ARE CONCEPTS ONLY. Ao'rUAL DESIGN [MUST SE MADE BY A PROFESSIONAL ENGINEER I1'O SUIT APPLIED LOADS AND SOIL CONDITIONS. PRi=MIUM TECHNICAL SERVICES CORP. 100 GRAND STREET WESTBURY, N. Y. 11590 516) 334-0000 1(800) 282-pile FAX(516) 834-0085 SUGGESTED GUIDLINES FOR: HELICAL PILE-TO-FOOTING CONNECTION SCALE: SHEET: OF: DATE'. \ \ ~ 2:I-- LEAD SECTION LEAD SECTION LEAD SECTION z~"' LEAD SECTION EXTENSION (;AT. NO. A B C D E CAT. NO. A B PTS-0001 7' 1-1/2" 8" PTS-0047 3-1/2' 1-1/2" PTS-0002 5' 1-1/2" 8" PTS-0008 3-1/2' 1-1/2" ~ o ' '~' PTS-0003 7' 1-1/2" 10" PTS-0048 10' 1-1/2" ! .~ ~.,. PTS-0004 7' 1-1/2" 12" PTS-0013 5' 1-3/4" 6" 8" PTS-0017 5' 2" PTS-0030 7' 1-1/2" ! ~ ~ z PTS-0060 7' 1-1/2" 8" 10" PTS-0018 6-1/2' 2" PTS*0031 10' 1-1/2" 8" 10" PTS-0007 7' 1-1/2" 8" 10" 12", -NOTE.. c~ c~ d PTS-0010 5-1/2' 1-3/4" 8" HOTAsTM A153-(LATEST REv.)DIP GALVANIZED PER PTS.0011 5-1/2' 1-3/4" 10,, ~_ PTS-0015 5-1/2' 2" 8" PTS-0016 5-1/2' 2" 10" ~'.~o.~"' m. THIRD ~._ REV DATE BY APPD ISO DUAL DIMENSIONS (IF ANY) ANGLE - I~1 Z IN = INCH, MM = MILLIMETER PROJECTION A ?-08-88 DRB OVH S~ZE RESIDENTIAL AND COMMERCIAL INT.DATE UNDERPINNING AND TIEBACK ANCHORS A DRN. ERJ )3-01-88 c.,. D,. SA150 0001 Do,cT . SCALE DSGN,DVH )3-08-88 THIS APPD.JTO 3-08-88 DWG EXTENSION CAT. NO. A B PTS-0047 3-1/2' 1-1/2" PTS-0008 3-1/2' 1-1/2" PTS-0048 10' 1-1/2" PTS-0013 5' 1-3/4" PTS-0014 6-1/2' 1-3/4" PTS-0017 5' 2" PTS-0018 6-1/2' 2" SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK RiCHI~OND S. CORWIN, JR., Plaintiff, against ARTHUR H. AXBERG, JR., TOWN OF SOUTHOLD, and NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONS ERVATION, TOWN OF SOUTHO SUPPLEMENTAL SUMMONS Index No. 95-22464 Defendants. FILED A~ 2,0 TO THE ABOVE-NAMED DEFENDANTS TOWN OF SOUTHOLD and NEW YORK STATE DEPARTMENT OF ENVIRONIV~NTAL CONSERVATION: YOU ARE HEREBY SUMMONED to answer the Second Amended Verified Complaint in this action and to serve a copy of your answer, or, if the Second A~end~d Verified Complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorneys within twenty (20) days after the service of this supplemental summons, exclusive of the day of service, or within thirty (30) days after the completion of service where service is made in any manner other than by personal delivery within the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Second Amended Verified Complaint. PLEASE TAKE FURTHER NOTICE that plaintiff designates Suffolk County as the place of trial because the real property which is the cc: Town Board Town Attor,n. ey Chief of Police Stype Agen..cy Wm. F. MulJen, Jr. SUPREME COURT OF THE STATE OF NEW YORK COIINTY OF SUFFOLK RICFIMOND S. CORWIN, JR., . Plaintiff, - against ARTHUR H. AXBERG, JR., TOWN OF SOUTEOLD, and NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Defendants. SECOND AMENDED VERIFIED COMPLAINT Index No. 95-22464 Plaintiff RICHMOND S. CORWIN, JR., complaining of the defendant ARTHUR H. AXBERG, JR., by his attorneys, Esseks, Hefter & Angel, respectfully alleges: 1. Thi~. is an action for declaratory judgment and permanent injunction with respect to certain proposed and/or undertaken construction, reconstruction, filling, alterations, and additions on and to real property, and for damages suffered by plaintiff by reason of the construction, reconstruction, alterations, and additions heretofore accomplished by the defendant Axberg, as set forth herein. AS AND FOR A FIRST CAUSE OF ACTION (DECLARATORY oouGMENT) 2. At all times relevant, plaintiff Richmond S. Corwin, Jr. (hereinafter "Corwin") was and is a resident of the State of Maryland, County of Anne Arundel, and the owner of certain real property and the improvements thereon, as set forth herein. 3. Upon i~fo~mat±on and belief, at all times relevant, defendant Arthur iH. Axberg, Jr. (hereinafter ,Axberg") was and is a resident of the!State of New York, County of Suffolk, and of the State of PennsylVania, and the owner of certain real property and the improvements ithereon, as set forth herein. 4. Upon information and belief, the defendant Town of Southold is a municipal corporation of the State of New York. 5. Upon information and belief, the defendant New York State Department of EnVironmental Conservation is a department and/or agency of the St%re of New York. 6. The d~fendants Town of Southold and New York State Department of Environmental Conservation are joined herein pursuant to the Short Form Order of the Honorable Harry E. Seidell in this action, which Sh6rt Form Order is dated February 15, 1996 and was entered on Febru{ry 22, 1996; plaintiff makes no request for relief against the said~ idefendants, except to the extent that they oppose the relief sought against the defendant Axberg herein. 7. Corwin is the owner in fee, with his wife, of a parcel of waterfront real property (hereinafter the "Corwin parcel"), and the improvements thereon, situate at Mattituck in the Town of Southold, County of Suffolk, and State of New York, which property is known and designated a~ District 1000, Section 123.00, Block 05.00, and Lot No. 035.000 in the Suffolk County Tax Map. 8. Upon in] a parcel of wa~ parcel"), and th~ formation and belief, Axberg is the owner in fee of .erfront real property (hereinafter the "A3cberg improvements thereon, situate at Mattituck in the -2- Town of Southold, County of Suffolk, and State of New York, which property is known and designated as District 1000, Section 123.00, Block 05.00 and Lot No. 034.000 on the Suffolk County Tax Map. The Axberg parcel is contiguous on the west to the Corwin parcel. 10. Both the Corwin and the Axberg parcels are improved with residential structures. 11. Both the Corwin and the Ax berg parcels have, along their southerly sides, bulkheaded frontage along the open waters of Great Peconic Bay. 12. By reason of their location, both the Corwin and the Axberg parcels are subject to and affected by floodwaters and storm surges from Great Peconic Bay. ~_~ At present, the elevations above sea level of the Corwin and Axberg parcels are approximately the same. 1~. Until approximately the middle of September, 1995, the heights above sea level of the bulkheads frontage of the Corwin and Axberg parcels same. 15. Section 45~8 of (hereinafter the "Town Code" along the Peconic Bay were approximately the the Code of the Town of Southold provides, in pertinent part, that: "In] o person, firm or corporation shall commence the erect ion, construct ion, enlargement, alteration, removal, improvements, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure." -3- part, 16. Sectio~ 45-20 of the Town Code provides, in pertinent that: "it sh~ll be unlawful for any person, firm or corpor~tlon to construct, alter, repair, move, remove,l demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapte~ or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit. " 17. Upon i~lformation and belief, Chapter 46 of the Town Code ("Flood Damage P~evention") was adopted by the Town Board of the Town of Southoldion August 10, 1993, and is now, and has been at all times releva~'t since August 10, 1993, in full force and effect. 18. Secti¢ purposes of Chap part: n 46~2 of the Town Code, which sets forth the zer 46 of the Town Code, provides, in pertinent "It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private lossesl due to flood conditions in specific areas ~y provisions designed to: A~ Regulate uses which are dangerous to healthi safety and property due to water or ~roszo~ hazards or which result in damaging zncrea~es in erosion or in flood heights or velocities. BI. Require that uses vulnerable to floods!, including facilities which serve such u~es, ee.p~o~ected agains% flood damage at the tmme o~ mnztzal constructmon. Cl. Control the alteration of natural floodplains, and natural protective barrieirs which are involved in the accomo?a~ion of floodwaters. D. Control filling, grading, and other development which may erosion or flood damages. dredging increase E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. " 19. part: Section 46-9 of the Town Code provides, in pertinent "No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. " 20. part: Section 46-12 of the Town Code provides, in pertinent "A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in ~ 46-6, without a valid floodplain development permit 21. The term "development," as used in Chapter 46 of the Town Code, is defined by Section 46-4 of the Town Code as: "Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drillir~ operations or storage of equipment or materia is." 22. The term "area of special flood hazard," as used in Chapter 46 of the Town Code, is defined by Section 46-4 of the Town Code as: "The land in the floodplain within a community subjec~ to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, A0, Al-A30, A99, V, V0, i VE, or V1-V30. It is also commonly referred to as the 'base floodplain' or 'one- hundred-year floodplain.'" ® , Upon i~formation and belief, both the Corwin parcel and the Axberg parcel are, and, at all times relevant, have been, designated partially in the "V4" zone and partially in the "A4" zone on the FloOd Insurance Rate Map ("FIRM") prepared by the Federal Emergenc~ Management Agency ("FEMA"), which is specifically adopted and declared to be part of Chapter 46 of the Town Code by Section 46-6 of ~he Town Code. ' Upon i~formation and belief, by reason of their location in a designated !,V4" zone and a designated "A4" zone of the FIRM, among other reasons, both the Corwin parcel and the Axberg parcel are located within an "area of special flood hazard," as defined in Chapter 46 of th~ Town Code. ~ Upon 1Dformation and belief, the portions of the Corwin parcel and the AXber~ parcel that are located in a designated "V4" zone of the FIRM ilnclude the entirety of the residential structures that currently exist upon the Corwin parcel and the Axberg parcel. information the of both the Upon and belief, portions Corwin parcel and the Axberg parcel that are located in a designated "V4" zone of the FIRM are, by reason of such location, among other reasons, located within a "coastal high-hazard area," as defined in Chapter 46 of the Town Code. 27. Upon information and belief, in or about mid-September, 1995, Axberg, or his agents, contractors, or employees, demolished the bulkhead that had, until that time, existed along the Axberg parcel's Peconic Bay frontage and replaced that pre-existing bulkhead with a new bulkhead that (a) is several feet higher than the pre-existing bulkhead on the Axberg parcel and the bulkhead on the adjoining Corwin parcel and (b) includes ,'returns" that are several feet higher than the existing ground levels of the parcels adjoining the A x berg parcel on the east and the west, including the Corwin parcel, and that extend for several feet landward of the bulkheads along the westerly and easterly boundaries of the Axberg parcel. ~ Upon information and belief, or in about mid-September, 1995, Axberg, or his agents, contractors, or employees, constructed a variable height retaining wall that is up to several feet high and extends over 100 feet along the boundary between the Axberg parcel and the Corwin parcel. information and Upon following the construction of the retaining wall as set forth above, existing house on the Axberg parcel, belief, Axberg also intends, new bulkhead and "returns" and to raise the elevation of the to fill the Axberg parcel so as to raise the ~levation of the parcel by several feet over the existing elevaticn of the Corwin parcel, to install a new poured concrete or conczete block foundation under the existing house on the Axberg parce~i, to make additions to the existin9 house on the J~r.~erg parcel, an~ to construct a rigid external stairway that will .I extend within fife feet of the boundary between the Corwin parcel and the Axberg p~rcel. 30. Pursualnt to Town Code Section 45-8 set forth above, Ax. berg required a!nd requires a separate buildin~ permit for, among other things, (al the demolition of the pre-existing bulkhead on the gxber~ parcel, (b) the erection of the aforesaid new bulkhead and "returns" on ~he Axber~ parcel, and (c) the construction of the , aforesaid varlablie height retaining wall along the boundary between the Axberg parce~ and the Corwin parcel. Upon i~formation and belief, although he is required to do so by Town C6de Section 45-8, g-,'~erg has not applied for or obtained a separate building permit for (a) the demolition of the pre-existing bul~head on the A xber~ parcel, (b) the erection of the aforesaid new bulkhead and "returns" on the Axberg parcel, and/or (c) the construqtlon of the aforesaid variable height retaining wall along the bloundary between the Ax_berg parcel and the Corwin parcel. 32. J~,.ber~?s demolition of the pre-existing bulkhead along the Axber~ parcel's Peconic Bay frontage, replacement of that pre- existin~ bulkhe~ad with a new bulkhead and "returns," and construction of ~:a retaining wall along the boundary between the Axberg parcel and the Corwin parcel, as well as Axberg's proposed raising of the elevation of the existing house on the Axberg parcel, filling of the Axberg'parcel, installation of a new poured concrete or concrete block foundation under the existing house on the Axberg parcel, additions to the existing house on the Axberg parcel, and construction of a rigid external stairway extending within five feet of the boundary between the Corwin parcel and the Axberg parcel, all constitute "development," as that term is defined in Chapter 46 of the Town Code. 33. Pursuant to Town Code Chapter 46, as set forth above, Axberg requires a "floodplain development" permit or permits for the undertaken and proposed changes to the Axberg parcel as set forth in Paragraphs "27," "28," and "29" above. 34. Upon information and belief, although he is required to do so by Town Code Chapter 46, Axberg has not applied for or obtained a "floodplain development permit" for any of the undertaken and proposed changes to the Axberg parcel as set forth in Paragraphs "27," "28," and "29" above. 35. Upon information and belief, Axberg cannot obtain a ',floodplain development permit" for the undertaken and proposed changes to the Axberg parcel, as set forth in Paragraphs "27," "28," and "29" above, because the construction, filling, and alterations Axberg has undertaken or proposes for the Axberg parcel do not comply with the design and construction requirements and standards set forth in Chapter 46 of the Town Code for "areas of special flood h&zard" and ,,coastal high-hazard areas" and the -9- undertaken and p~oposed changes may result in physical damage to the Corwin parce~ in the event of a storm. 36. Corwlnihas advised A.xberg by letter that he lacks the required permitsi for his undertaken and proposed changes to the .g.xDerg parcel. 37. Upon in!formation and belief, Axberg, notwithstanding the foregoing letterl advice, proceeded, in or about mid-September, 1995, in bad faith and without additional permits or variances, to undertake the changes to the A xber~ parcel set forth in Paragraphs "27" and "28" aD,ye. | 38. Upon i~formation and belief, Axberg, notwithstanding the foregoing lette~ advice, intends to proceed immediately, and without addition&l permits or variances, to undertake the changes to the Axberg parcel set forth in Paragraph "29" above. 39. Corw~¢ has and will suffer special daraages from the changes Axber9 hfs undertaken and proposes still to undertake on the Axber~ parcel, as set forth in Paragraphs "27," 'f28," and "29" above, because, !upon information and belief, in the event of a storm, the new e~evated bulkhead and "returns" and the new variable height retaln~n~ wall, and the proposed placement of fill (which would increase t~e elevation of the A x berg parcel over that of the Corwin parcel b~ several feet), and the proposed placement of a poured concreteJor concrete block foundation under the existing house on the Axberg parcel, and the proposed erection of a rigid stairway on the easterly side of the house on the .h~r.~erg parcel, will cause increased, and possibly catastrophic, damage ~o the Corwin parcel, and the house thereon, which lies only approximately 10.5 feet, at its northwesterly corner, from the property line with the adjoining Axberg parcel, since floodwaters, waves, and storm surges will reflect off of, and wash down from, the new elevated bulkhead "returns" and new retaining wall, and the proposed higher elevation, concrete foundation, and rigid stairway on the Axberg parcel, and will impact, undermine, and destroy the Corwin parcel along its boundary with the Axberg parcel, the Corwin parcel. 40. By reason of the foregoing, exists between Corwin and Axberg as to as well as the house on a justiciable controversy (a) the permits necessary for Axberg's undertaken and proposed construction on, filling of, and alterations and additions to the Axberg parcel, and (b) Axberg's rights, if any, to proceed with his proposed construction, filling, alterations, and additions in the absence of such permits, and (c) Axberg's rights, if any, to .maintain his new elevated bulkhead and ',returns" and retaining wall. 41. Corwin has no adequate remedy at law. AS AND FOR A SECOND CAUSE OF ACTION (INJUNCTION) 42. Plaintiff Corwin repeats and realleges each and every allegation set forth in Paragraphs "1" through "40" hereof, inclusive, as if the same had been set forth at length herein. 43. The elevated bulkhead and ,,returns" and the variable height retaining wall erected by Axberg without necessary permits, as set forth above, to increased an~ associated floods render the Corwln parcel extremely vulnerable more severe damage from storms and their and wave actions, jeopardize the safety of occupants of the value of the Corw 44. The afc aforesaid variabl, bad faith, after writing that he those structures Corwin parcel, and substantially diminish the Ln parcel. ,resaid elevated bulkhead and "returns" and the height retaining wall were erected by Axberg in he had been specifically notified by Corwin in acked all the permits necessary for erection of as set forth above. 45. In ordgr for Corwin to be able to secure the safety of his property and 9he occupants of the Corwin parcel, and to restore the value of the ~orwin parcel, Axberg, and his agents, employees, successors, and a~signs should be enjoined forthwith (a) to remove the retaining wal~ and bulkhead "returns" heretofore constructed by Axberg without al~ required permits therefor, and (b) to reduce the height of the bul~head newly constructed by Axberg to the height of the bulkheading ithat existed on the Axberg parcel prior to its demolition in mid-September, 1995, as set forth above. 46. Corwinlhas no adeq//ate remedy at law. AS AND ~OR A T~IRD CAUS~ 0~ ACTION (I~JUNCTI0~) 47. Plain~'iff Corwin repeats and realleges each and every allegation set iforth in Paragraphs "l" through "40" and "43" tkrough "45" hereof, inclusive, as if the same had been set forth at length herein. 48. The construction, reconstruction, and filling on and of the Axberg parcel, as set forth in Paragraphs "27," "28," and "29" above, will render the Corwin parcel extremely vulnerable to increased and more severe damage from storms and their associated floods and wave actions, will jeopardize the safety of occupants of the Corwin parcel, and will substantially diminish the value of the Corwin parcel. 49. In order for Corwin to be able to maintain the safety of his property and tke occupants of the Corwin parcel, and to maintain the value of the Corwin parcel, Axberg, and his agents, contractors, and employees, should be permanently enjoined from (a) undertaking or continuing any bulkhead construction or reconstruction, filling, retaining wall construction, house elevation, foundation construction, and external stairway construction on the Axberg parcel unless and until all permits and/or variances required for such work have been obtained, and (b) constructing and/or reconstructing and/or extendinq any bulkhead, bulkhead "return," retaining wall, foundation, stairway, or other structure, or placing any fill, or elevating any structure, on the Axberg parcel, unless and until such construction, reconstruction, extension, filling, and/or elevation is in full compliance with the Town Code of the Town of So~thold and all other applicable laws and regulations and will not increase the risk of flood or wave daa~ge to the Corwin parcel. -13- 50. Corwin AS AND FOR A 51. /as no adequate remedy at law. DU~TH CAUSE OF ACTION (ABATEMENT OF NUISANCE) Plaintiff Corwin repeats and realleges each and every "1" through "40," "43" through inclusive, as if the same had allegation set folrth in Paragraphs "45," and "48" t~rough "49" hereof, been set forth a~ length herein. 52. The e~evated bulkhead and "returns" and the variable height retaining! wall erected by or on behalf of Amberg on the Axberg parcel, asi set forth above, constitute private nuisances, in that, among otherI things, (a) in the event of storms or other flood conditions, they! will serve to retain floodwaters on the Corwin parcel, cause additional floodwaters to enter the Corwin parcel from the Axberg p~rcel, and increase the velocity of floodwaters on the Corwin parcel, (b) they render the Corwin parcel, and the improvements thereon, extremely vulnerable to increased and more severe actions, (c) parcel, and parcel. damage f~om storras and their associated floods and wave they jeopardize the safety of occupants of the Corwin (d) ~hey substantially diminish the value of the Corwin 53. By re%son of the foregoing, Axberg should be enjoined from maintainin~ or continuing the said elevated bulkhead and "returns" and t~e variable height retaining wall on the Axberg parcel and shodld be enjoined to remove the said structures forthwith. -14- 54. Corwin has no adequate remedy at law. AS AND FOR A FIFTH CAUSE OF ACTION (DAMAGES FOR NUISANCE) and realleges each and every "1" through "40," "43" through inclusive, 55. Plaintiff Corwin repeats allegation set forth in Paragraphs "45," "48" through "49," and "52" through "53" hereof, as if the same had been set forth at length herein. 56. By reason of the foregoing, Corwin should be awarded permanent damages measured by the amount by which the said elevated bulkhead and "returns" and the v~riable height retaining wall on the Axberg parcel reduce the value of the Corwin parcel. AS AND FOR A SIXTH CAUSE OF ACTION (DAMAGES FOR INJURY TO REAL PROPERTY) 57. Plaintiff Corwin repeats and realleges each and every allegation set forth in Paragraphs ~'1" through "40," ~43" through "45," "48" through "49," and "52" through "53" hereof, inclusive, as if the same had been set forth at length herein. 58. The elevated bulkhead and "returns" and the variable height retaining wall erected by kxberg or his agents, contractors, or employees on the Ax berg parcel without necessary permits, as set forth above, increase the vulnerability of the Corwin parcel to damage from storms, floods, and wave actions and decrease the desirability and safety of the Corwin parcel for residential purposes. 59. AS a rlesult of the foregoing, Axberg, in erecting or having erected th~ elevated bulkhead and "returns" and the variable height retaining Wall on the Axberg parcel, as set forth above, has reduced the marke:t value of the Corwin parcel, in an amount to be determined at triial of this action. W~4EREFOR~, ~laintiff against defendant kxberg: Corwin respectfully prays for judgment 1. On the first cause of action, declaring and determining that (a) Axberg dces not have all permits and/or variances required and necessary f~r the construction and/or undertaking of his undertaken or proposed changes to the A.x. Derg parcel, as set forth in Paragraphs "2~," "28," and "29" above, and (b) Axberg has and had no right ~o proceed with the undertaken and proposed construction, fz:llzng, alterations, and additions set forth in Paragraphs "27,"[ "28," and "29" above in the absence of such permits, and (c) I Axberg has no right to maintain his new elevated bulkhead and "returns" and retaining wall, which were constructed without all required perraits therefor; 2. On thelsecond cause of action, enjoining and directing Axberg forthwith (a) to remove the retaining wall and bulkhead "returns" heretofore constructed by Axberg without~ all required permits therefor, and (b) to reduce the height of the bulkhead newly constructeld by Ax berg to the height of the bulkheading that existed on the i Axberg parcel prior to its demolition in mid- September, 1995;I 3. On the third cause of action, permanently enjoining Axberg, and his agents, contractors, and employees from (a) commencing or continuing any bulkhead construction or reconstruction, filling, retaining wall construction, house elevation, foundation construction, and/or external stairway construction on the Axberg parcel unless and until all permits and/or variances required for such work have been obtained, and (b) constructing and/or reconstructing and/or extending any bulkhead, bulkhead "return," retaining wall, foundation, stairway, or other structure, and/or placing any fill, and/or elevating any structure, on the Axberg parcel, unless and until such construction, reconstruction, extension, filling, or elevation is in full compliance with the Town Code of the Town of Southold and all other applicable laws and regulations and will not increase the risk of storm, flood, or wave damage to the Corwin parcel; 4. On the fourth cause of action, declaring the elevated bulkhead and bulkhead "returns" and the variable height retaining wall constructed by or on behalf of Ax berg to be private nuisances, and enjoining and directing Axberg forthwith (a) to remove the retaining wall and bulkhead "returns" heretofore constructed by or on behalf of Axberg, and (b) to reduce the height of the bulkhead newly constructed by or on behalf of Axberg to the height of the bulkheading that existed on the Axberg parcel prior to its demolition in mid-September, 1995; 5. On the fifth cause of action, declaring the elevated bulkhead and bulkhead "returns" and the variable height retaining wall constructed ~y or on behalf of Axber~ to be private nuisances, and awarding Co~n permanent d~mllages for the diminution in value of the Corwin par{el, by reason of the said nuisances, in an amount to be determined ~t trial; 6. On the sixth cause of action, awarding Corwin damages for the diminution inI value of the Corwin parcel, in an amount to be determined at trill; 7. Granting Corwin the costs and disbursements of this action; and 8. Grantin~ Corwin such just and proper, i Dated: Rlverhead!, New York March 28,j 1996 other and further relief as may be Yours, etc. ESSEKS, HEFTER & ANGEL Attorneys for Plaintiff 108 East Main Street P.O. Box 279 Riverhead, New York 11901 (516) 369-1700 STAT~ OF MARYLAND ) COUNTY OF ANNE ARUNDEL) RICHMO~ S. CORWIN, ~., being duly sworn, deposes and says: 1. I ~ the P!ain~iff in ~his action. 2. I have read ~he foregoing Second ~ended Verified C~plaint and know the contents thereof, and the s~e is t~e =o my o~ ~owledge, except as .uo the mac,ers therein sta~ed ~o be alleged upon Info~tion and belief, ~d, as to ~hose ~tters',. I believe it ~o be t~e. 3. The grounds of my belief as to all matters in ~he Second Ar~ended Verified Complaint not stated upon my own k~owledge are documents contained in my files and investiga~io~e I have cause~ to be made concerning the subject matter of the Second Amended Verified Complaint. RIC~0ND S. CORWIN, JHJ Sworn t~ before me this PUBLIC / CARRIE L. McKI$$ON NOTARY PUBUC STAT~ OF MARYLAND My ~ommission Expires June 1,5, 1999 M~R-28-1996 9~ TOTAL P. 22 9,~5-22464 Year STATE OF NEW YORK SUPREME COURT COUNTY OF SUFFOLK RICHMOND S. CORWIN, ~R., Pla -against- %RTHUR H. AXBERG, JR. gEW YORK STATE DEPART 20NSERVATION, intiff, TOWN OF SOUTHOLD, and .ViENT OF ENVIRONMENTAL Defiendants. S~ONS .AND ~C01FIi; A~I~IDED VERIFIED COM..P.t~.IlqT ESSEKS, HEFTER & ANGEL Attorneys for Plaintiff )ffice and Post Office Address P.O. Box 279 I 108 East Main Street Riverhead, Suffolk County, N~/ 11901 Telephone: 516-369~1700 D~e 'and personal admJ.tted this service of the within is day of 19~ AttOrney for RAYMOND FEDYNAK 2337 WEBSTER STREET NO. BELLMORE, NY 11710 13LDG, DEP~ TOWN OF SOUTHOLD June 21,1996 Building Commissioner Southold Town Building Department Main Road Southold, New York To whom it may concern, I understand there is to be a hearing on June 26, 1996 requested by Mr. M. Corwin of Camp Mineola in Mattituck which concerns the revocation of a building permit already granted to Mr Arthur Axeberg also of Camp Mineola in Mattituck. Since I will be unable to attend this hearing, and as a neighbor I would like to give my support to Mr. and Mrs Axeberg so that they may continue on with their plans to renovate thier home in Camp Mineola. Sincerely, RS. I also own a home in Camp Mineola and find Mr. Corwin's request unreasonable. Federal Emergency Management Agency Region I~ 26 Federal Plaza, Room 1337 New York, NY 10278-0002 IN REPLY REFER TO: R2-218-70-N NY 1819 Arthur H. Axberg, Jr. One Delaware Rim Drive Yardley, PA 19067 Dear Mr. Axberg: BLDG, OEPT T~s is in response to your letter dated April 25, 1996, r~nes~g that the F~e~ Emergency Management Agency (F~A) determ~e whether the following prope~y is locat~ ~ a Special Flood H~d Area (S~A), an area that would be inundat~ by the 100-year (one pement annual chance) flood. Property Description: Street Address: Community: County: State: 100-123-5-34 3705 Camp Mineola Road Town of Southold Suffolk New York On April 29, 1996, we received all information necessary to process your request. After comparing this information with the National Flood Insurance Program (NFIP) map for the Town of Southold, New York, (NFIP map number 360813 0116 D, dated August 16, 1993) we determined that the property would be inundated by a 100-year flood and is correctly shown on the current NFIP map as being in an SFItA, Zone A4 and V4. The elevation of the lowest adjacent grade must be at or above the 100-year flood elevation for the structure to be outside the SFHA. Since the elevation of the lowest adjacent grade on the property is 5.5 feet NGVD, which is lower than the estimated 100-year flood elevations 8 feet NGVD for A4 and 8 feet NGVD for V4, the property is within the SFFIA; therefore, flood insurance is required. These elevations are referenced to the National Geodetic Vertical Datum. This determination is based on the flood data presently available. A copy of this Letter of Map Amendment is being sent to your Community where, in accordance with regulations adopted by the community when it made application to join the NFIP, it will be attached to the community's official record copy of the NFIP map which is available for public inspection. Also, although we have based our determination on the flood information presently available, flood conditions may change or new information may be generated which would supersede this determination. This response to your request is based on minimum criteria established by the NFIP. State and community officials, based on knowledge of local conditions and in the interest of public safety, may set higher standards for construction in the floodplain. If the State of New York or Town of Southold have adopted more restrictive and comprehensive floodplain management criteria, these criteria take precedence over the minimum Federal criteria. If you have any questions or if we can be of further assistance, please call Paul Weberg at (212) 225-7200. Sincerely, Joseph F. Picciano Director Mitigation Division cc: Robert Wood, State Coordinator, NYS DEC Federal Emergency Management Agency Washington, D.C. ~0472 23 19 8 CERTIFIED MAIL RETURN RECEIPT REQUESTED }Ir. Albert J. Krupeki, President Board of To~n Trustees Town of $ou~hold Town Hall P.O. Box 1179 South*Id, New York 11971 Dear Mr, Krupski: IN REPLY REFER TO; Case Number: 96-02-057P Community Name: Town of.South*Id, Suffolk County, New York Con.unity Number; 360813 Map Panel Number: 360813 0116 Effective Date of this Revision; 102-D The Flood Insurance Ra~e Map (FIRM) for the Town of South*id, New York has been revised by thi~ Letter of Map Revision (LOMR) to reflee~ more detailed topographic information for Grace ~eeonic Bay than I:hat used to prepare tile towel's August 16, 1993, Flood Inl~uraneo Study. Th~ subject area is ghe preper~y at 3705 Camp Minecla Road, Matti~uek, New York, which is 1. teated appro×imately 700 feet south of the ~nterm-.etion of Camp Mine.la Road and Reeve Avenue along Great Pea.nit Bay, This [evision was initiated by Mr. Arthur H. A~xberg, Jr., in a latter dated April 26, 19!)6. We received ghe following technical data, prepared by Mr. Axberg, in support of th~s revision: Federal Emergency Management Agency (FEPh~) Form 81~92, MT-EZ Form for a ~ingle ret-'ldential lot r~vlslon tea National Flood Insurance Program (NFIP) map; a copy of a portion of the deed for Mr. Axberg' s property from the Town of South. Id; a copy of a portlon of a survey, dated December 15, 1967, prepared by Robert D. Kart:, P.L.S., at a seal, of 1"~40', entitled, "Survey for Arthur }t, A>;berg. Jr,, Matti~nek, Town of $outhold~ Suffolk County, New York"; a FEMA Elevation Certificate, dated Jml¢ 20, 1995~ p~epared by Mr. Roderiok Van Tuyl, P.L,S,, for the property at 3705 Camp Mine.la Road, an undated copy of a map entitled To~w~_f So%!tholdt NY, proper~2z M@P_, for section no, 123, annotated to show the property location; · an annotated portion of thc Town of Southold FIRM nmnber 360813, penal 0116 D, dated August 16~ 1993, ~howtng the location of the property and prep*sod revi~ions to the ceastal flood hazard boundary; miscellaneous photographs of the property and adjacsn~ armas; and a l~tter, dated. April 23, 1996, from M~. Thomas J. Fisher, Smnior Building Inspector for the Town of Southold, acknowledging this LOMR requm~t. We received all data neesssary to process this revision by May 14, 1996. ~ased on our review of the submitted data, we are iseuing this LOMR to reflect a change in the coastal flood hazard dssignation, Specifically, an ares de~ignated as Zone V4 with an elevation of 8 feet National Geodetic Vertical Dat:t*m of 1929 (NGVD) is now d~signatad as Zone A4 with an elevation of 8 feet NGVD. The inland limit of Zone V4 was orisinally proposed by Mr. Axberg to be coincident with the existing timber bulkhead on she sub~ec~ property. However, due to exceesive overtopping sxpected to accompany ~he 1% annual chance flood, the inland limit of the Zone V4 boundary has been~looated approximately 20 feet landward of the crest of this bulkhead. Furthermore, nhe existing dwelling at ~705 Gasp Mineola Road, as shown on the submitt~d topographic map, is now found to lis entirely within the revised Zone A4, with a base (1% annual chance) flood elevation of 8 feet NGVD. This LOMR revises FIRM number 360813, panel 0116 D, dated August 16, 1993, aa shown on tbe enclosed annotated portion of FIRM panel 0116 D. This revision is effective as of the date of this letter, Any requests to review or alter this determination should be made within 30 days, and must be based on scientific or ~echn~.cal da~a. Your. oo~nunity must approve all proposed floodplain development and ensure that p~rmigs requir.d by Federal and/or Stat~ law harm been obtainmd. State or community officials, based on knoWledse of local conditions and in the interest of safety, may sst htgh~r ~tandards for con~tructioEt or may limit d6~velopment in floodplain areas, If the 8t.at~ of New Ymrk or th~ Town of Southold has more rMstrietivm or COmprohenslve floodplai~ management griteria, thcs. take preeedmnge over the mi~lmum NFIP requirements. Wm will not republish the Flood Insurallee Study (Fig) for the To~ of Southold to reflec~ this dmtsrmination. We are preparing a eount~¢idm FIH for Suffolk County and incorporated areas, which will include all flood hazard data for the c~mlty, lnmludin8 the To~ of Southold, on one F~. W~ w~re unable to incorporac~ this LO~ in~o the p~'eliminary version of ~he count~id~ FIS due to time constraints; however, w. will incorporate this LO~ into gl~e countywide b~for~ final printing. Neither will we print and distributm this LO~ to primary users, such as local insurance agents or mortgage lend.rs. The oo~untty will ~rv~ as a repository for the new dag~. We encourage you to diss~minate tl~ information in this LOMR so thag ]ntmresUed persons, ~uch as property O~mrs, insuranc~ agents, and mortgag8 landars~ can benefit from it. F~r inmtanoe, prepare a news relmase for publication in your cO~unity'$ ~ewspap%r, describing the re'vision and how your ~omm~lnity will provide tl{e data and help interpret the NFIp maps. , We have enclosed an updated version of a document e,ntttled "List of Current Flood Insurance Study Data,,~ which now includes this latter, to help your eo~maunity maintain all information for floodplain manasement and flood insurance, If any of the items in this doeum.nt are not filed in your community's map repository, please contact our Regional Offtmm et the numbmr listed below for informatio~ on how to obtain those items. Usm the map panel listed above and revised by this ~tt~r for all flood lns%rsnc~ policies and renewals issued in your co~uniry. W~ have mad~ this dsterminstion pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (~.L, 93-234) and in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Acg of 1968, P.L~ 90-448), 42 D.S.C. 4001~4128, and 44 CFR Part 65. Pu~SUang to emotion 1361 of the National Flood InSUrance ACt of 1968, as ammnded, communities participating An Ehm NFIP ar~ required to adopt and enforce floodplain manageme~t regulations ~hat meet or exceed NFIP critmria. Th~se criteria, including adoption of the FIRM, and edifications made by this LOMR, are the minimum requirements and do not supersede mor~ stringent Sta~e or local requirements to which the regulations apply. If you have any questions regarding this matter, please do not h~sitate to contact the Director, Mttiga~ion Division of FgMA in N~w York, New York, at (~12) 225~7200, or Philip Myers of our Headquarters staff in Washington, D,C,, at (202) 646-27~5, or by facsimile at (202) 646-45915. Sincerely, Michael K. Buckley, P.E,, Ohie. f Hazard Identification Branch Mitigation Directorate Mr. Arthur H. Axberg, Jr. Mr, Thomas J. Fisher, Senior Building Inspmctor, Town of Southold Stat~ Coordinator Thi~ liau in provided to doeumen~ all information currently e~f~ctive for your community for insurance and floodplain management. Communtuy: Oo~unity Numbar: Page Number: 1 of 1 CURRENT ~FFEOTIVE FLOOD INS'~ANu~ STUDY DATE: FLOOD INSU~GE RAT~ Index Da~e: Augus~ 16, 1993 0004 ~ 0011 D, 0058 D, 0093 D, and 0114 D 0098 G amd 0118 G 0012 F, 0014 F0 0040 D, 0046 E, 0048 E, 0056 E, 0057 I), 0076 E, 0078 F, 0079 D, 0091 g, 0092 D, 0094 B, 011~ E, and 0116 D May 21, 1996 Town of Southold, Suffolk County, New York 360813 August 16, 1993 June 18, 19S7 April 17, 1985 Juns 15, 1983 August 16, 1993 FLOOD BOUNDAI~y AND FLOODWAY ~p Y~TT~R$ OF MAF R~VISION None LETT=RS OF MAP AMENDMENT AND MAP R~VISION ~AMED ON FILL None AVAILABI~ DATA LETTERS None COASTAL IJA:6E FLOOD ELEVATIONs APPLY' ONLy LANOWARD OF 0,0 NGVO, IEVISED AREA ZONE B o GREAT PECON~c REVISED TO REFLECT LOMR DATED HAY ~3 1998 MAP LEGEND" J FIR~ FLOOD INSURAH~£ RAT£ IH,AP TOWN OF SOUTHOLD, NEW YORK SUFFOLK COUNTY PANEL 116 OF 128 COMMUNITY.PAH£L NUMBER 368813 0118 O MaP a£VlSEO: AUOUST 16, 1993 BY HAND ESSEKS, HEFTER & ANGEL COUNSELORS At LAW June 3, 1996 Town of Southold Zoning Board of Appeals Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Attention: Ms. Linda Kowalski Re: Appeal of Richmond S. Corwin, Jr. from Town Building Inspector's Issuance of Town Building Permit No. 23346Z to Arthur H. Axberg, Jr. Dear Ms. Kowalski: I enclose herewith the following, in connection with the above-referenced appeal: 1. Notice of Appeal, to which is annexed an application for "Appeal from Decision of Building Inspector," including a Petition specifying the nature of the appeal and the relief sought and attachments thereto; and 2. A check, payable to Southold Town Clerk in the amount of $400.00, representing the application fee. Please file and review the enclosed, and, if you require anything further, please call. Very truly yours, John M. Wagner JMW/lmk Enclosures Arthur H. Axberg, Jr. l Delaware Rim Road Yardley, PA 19067 April 8, 1996 Mr. Thomas J. Fisher Senior Building Inspector Town of Southhold Building Department Town Hall - Box 1179. Southhold, NY 11971 Re: Corwin letter 3/27/96 Dear Mr. Fisher: '.' ' 'Upon a review of n~y, file,'L read Mr. Corwin's letter. I feel I must make a few comments in answer to his letier 'of, 3727. I will answer by paragraph in the same order as his letter is written. Paragraph #3 My new bulkhead took its present form for several reasons: a) I need~a completely new bulkhead. The old bulkhead had settled and deteriorated badly. b) c) d) I wanted to stop erosion for me and my western neighbor (Brendel) and form a continuous bulkhead line as required by the town. Mr. A1 Krupski, President of the Board of Trustees, wanted my bulkhead to be higher than the ground to reduce back wash of land contaminates into the bay. He also required a sand/gravel buffer zone. Several years ago Mr. Corwin raised his bulkhead higher than mine and back ,filled up to top of the bulkh,,ad. M~y new bulkhead is 11 1/2" higher than hts redone bulkhead. Mr. Corwm said he did not need a permit, even though he raised his new bulkhead over the previous bulkhead and brought in fill. I ,contacted the Tr.uste,es and Building Department, re: p,e,r,m~ for the Iow level retainer, an(~ rece~vea a permit from the trus~es, #..~..~.~'.~.. The Building Department sad ! did not need a permit for this low level retainer (my written notes 9/25/96). I even called FEMA and they said their specs related to buildings (Mr, Paul Weberg). Mr. Thomas J. Fisher Page 2 April 8, 1996 Paragraph #4 What has raising my house got to do with anything? A foundation is there now and has been since 1930. A foundation would maintain the same footprint as is there now, except for the addition to the north. The footprint of the addition will be no wider than the current width footprint of the hou,e, (all of this is detailed in approved plans and building permit). Approved by the Building Department permit. Approved by.lthe B{iilding Department permit, i.e. plans and plot plans. A new wood stairwhy;With the stairs going north/south measures 6 ft. 10 in. fro. m my property lin.e: A'greater distance than the present solid stairs. My new stairs are not within 5 fl. of Corwin's property line, as he claims. Paragraph #5 I received all permits that were requested of me. I even asked more than once concerning permits and the Trustees and Building Department said I needed nothing more. paragraph #6 I have never said. I would not get any and all permits required for the work to be do. ne. The Budding Department commented after t,he fact that a flood plan permtt may or may not be required, depending on the mreumstances and would, in any event, only apply to the house. Paragraphs #7 and//8 Re: #6 above, Paragraph #9 As per our discua$ions with the Buildirxg Department, this is subject to Town interpretation. Paragraph #10 I reqxxeated, applied ~r and xeeei.ved all the permits I was told I needed. I have been completely al>ove board here! My plans were completed and showed all I was planning to ,do.. Mr. Thomas L Fisher Page 3 April 8, 1996 Paragraph//11 i have aet~ in good faith with permits from DEC, Southhold Building Department, Board of Trustees and no action should be taken against me or my property. Yours truly, / A~ur~Fi Axbe'rg, jr~ P ICATION 27 Z F PAGE 1 of 4 TOWN OF SOUTNOLD FLOODPLAIN DEVELOPMENT PERMIT APPLICATION This form is to be filled out in duplicate. SECTION 1: GENERAL PROVISIONS (APPLICANT to read and s'~n): 1. No work may start unt/1 a permit is issued. 2. The permit may be revoked if any false statements are made herein. 3. If revoked, all work must cease uatil pennit is re-issued. 4. Development shall not be used or occupied until a Certificate of Compliance is issued. 5. The permit will expire if no work is commenced within six months of issuance, 6. Applicant is hereby informed that other permits may be required to fulf~ local, state and federal regulatory requirements. 7. Applicant hereby gives consent I:o the Local Administrator or his/her representative to make ffeasouabl¢ inspections required to verify compliance. 8. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN AT~FACHMENTS TO . THIS APPLICATION ARE, TO THE BEST OF MY KNOWLEDGE, TRUI~ AND ACCURATE. SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT) NAME ADDRESS TELEPHONE . [ . PROJECT LOCATION: To avoid delay in processing thc application, please provide enough information to eas~y identify the project location. Pro,fide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersecting road or well-kaowa landmark. A sketch attached to this application showing the project location would be helpful. FDP(93) APPLICATION PAGE 2 OF 4 DESCRIPTION OF WORK (Check all applicable boxes): A. STRUCTURAL DEVELOPMENT ACTIVITY [] New Structure ~ Addition ,~ Alteration [] Relocation [] Demolition [] Replacement STRUCTURE TYPE ~Residenfial (1-4 Family) [] Residential (More than 4 Family) 121 Non-residential (Floodproofmg? [] Yes) [] Combined Use (Residential & Commercial) [] Manufactured (Mobile) Home (In Manu- factured Home Park? [] Yes) ESTIMATED COST OF PROJECT $ B. OTHER DEVELOPMENT ACTIVITIES: [] Fill [] Mining [] Drilling ,,,II'Grading [] Excavation (Except for Structural Development Checked Above) · [] Watercourse Alteration (Including Dredging and Channel Modifications) [] Drainage Improvements (Including Culvert Work), [] Road, Street or Bridge Construction El Subdivision (New or Expansion) [] Individual Water or Sewer System [] Other (Please Specify). After completing SECTION 2, APPLICANT should submit form to Local Administrator for review. SECTION 3: FLOODPLAIN DETERMINATION (To be completed bY LOCAL ADMINISTRATOR) The proposed development is located on FIRM Panel No. //~ , Dated ~/~/~-~ The Proposed Development: [] Is NOT located in a Special Flood Hazard Area (Notify the applicant that the application review is complete and NO FLOODPLAIN DEVELOPMENT PERMIT IS REQUIRED). ~ Is located in a Special Flood Hazard,Area. FIRM zone designation is ~/~/ ~/~r~r . 100-Year flood elevation at [he site is." Ft. NGVD (MSL) [] Unavailable [] The proposed development is located in a floodway. FBFM Panel No. Dated [] See Section 4 for additional i~ct~s. DATE~/~¢ PAGE 3 OF 4 SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed, by LOCAL ADMINISTRATOR) The applicant must submit the documents checked below before the application can be processed: A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions and proposed development. [] Development plans, drawn to scale, and specifications, including where applicable: details for anchoring structures, proposed elevation of lowest floor (including basement), types of water resistant materials used below the first floor, details of floodproo£mg of utilities located below the ftrst floor and details of enclosures below the 5rst floor. Also, [] Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or 5 acres, whichever is the lesser, the applicant must provide 100-year flood elevations if they are not otherwise available). [] Plans show.ag the extent of watercourse relocation and/or landform alterations. [] Top of new f'tll elevation Ft. NGVD (MSL). [] Floodproofmg protection level (non-residential only) Ft. NGVD (MSL). For floodproofed structures, applicant must attach certification from registered engineer or architect. [] Certification from a registered engineer that the proposed activi~ ha a regulatory floodway will not result in any increase in the height of the 100-year flood. A copy of all data and calculations supporting this finding must also be submitted. [] Other:. SECTION 3: PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR) I have determined that the proposed activity: A.J~s B, [] Is not ia conformance with provisions of Local Law # ./~ , 19~,-~.. The permit is issued subject to the conditions attached to and made part of this permit. If BOX A iS check~, the Local Administrator may issue a Development Permit upon payment of designated fee. If BOX B is checked the Local Administrator will provide a written summary of deficiencies. Applicant may revise and resubmit an application to the Local Administrator or may request a hearing from the Board of Appeals. APPEALS: Appealed to Board of Appeals? [] Yes [] No Hearing date: Appeals Board Decision --- Approved? [3 Yes Conditions ~ No APPLICATION PAGE 4 OF 4 SECTION 6: AS-BUILT ELEVATIONS (To be submitted by APPLICANT ~efore Certificat~ of Compliance is issued) The following information must be provided for project structures. This section must be completed by a registered professional engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below. Actual (As-Built) Elevation of the top of the lowest floor, including basement (in Coastal High Hazard Areas, bottom of lowest structural member of the lowest floor, excluding piling and columns) is: 1~. NGVD (MSL). 2. ' Actual (As-Built) Elevation of floodproofmg protection is Fr. NGVD (MSL). NOTE: Any work performed prior to submittal of tb.e above kfformation is at the risk of the Applicant. SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR) The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to ensure compliance with the community's local law for flood damage prevention. INSPECTIONS: DATE BY DEFICIENCIES? [] YES [] NO DATE BY DEFICIENCIES? [] YES [] NO DATE BY DEFICIENCIES? [] YES [] NO SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR) Certificate of Compliance issued: DATE: BY:. FEDERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD INSURANCE PROGRAM ELEVATION CERTIFICATE AND INSTRUCTIONS PA!PERWORK BURDEN DISCLOSURE NOTICE ,, ' GENERAL- This informaiion is provided pursuant to Public Law 96-511, (The Paperwqr~ ,k,.l~ed~cti~n~ .. Act of 1980, as amended), dated December 11, 1980, to allow the public to participate more fully and meaningfully in the Federall paperwork review process. AUTHORITY - Public Law 96~511, amended; 44 U.S.C. 3507; and 5 CFR 1320 DISCLOSURE OF BURDEN - Public reporting burden for the collection of information entitled "Post-Construction [~]levation Cecti~cate/Floodproofing Certificate" (FEMA Form 8~-31 and 81-65) is estimated to average 12 mi!nntes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the forms. Sendicomments regarding the burden estimate or any aspect of the collection~ including suggestions £or r~ducing the burden, to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, S.W. 20472; and to thc Office of Management and Budget, Paperwork Reducl ion Project (3067-0077), Washington, D.C. 20503. O.M.B. NO. . ELEVATION CERTIFICATE ~ Expires M¢~ 31, 1995 FEDERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD INSURANCE PROGRAM A'ri'ENTION: Use of this certificate does not provide'a waiver of the flood insurance purchase requirement. This form is used only to provide elevation information necessary to ensure compliance with applicable community floodplain management ordinances, to determine the proper insurance premium rate, and/or to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR). Instructions for completing this form can be found on the following pages. SECTION A PROPERTY INFORMATION POR INSURANCE COMPANY USE BUILDING OWNER*S NAME POLICY NUMBER Arthur }{. Axberg~ Jr. COMPANYNAICNUMBER STREET ADDRESS (Including Apt., Unit, Suite and/or Bldg. Number) OR P.O. ROUTE AND BOX NUMBER 3705 Camp Mineola Road OTHER DESCRIPTION (Lot and Block Numbers, etc.) 1000 - 1Z3 - 5 - 34 CITY STATE ZIP CODE Matt~tuck N.Y. I 1 qs?, SECTION B FLOOD INSURANCE RATE MAP (FIRM) INFORMATION Provide the following from the proper FIRM (See Instructions): 7. Indicate the elevation datum syetem used on the FIRM for Base Flood Elevations (BFE): [] NGVD '29 [~ Other (describe on back) 8. For Zones A or V, where no BFE is provided on the FIRM, and the community has established a BFE for this building site1 indicate the community's BFE:I I I I [ I.I I feet NGVD (or other FIRM datum-see Sect on B, tern 7). SECTION C BUILDING ELEVATION INFORMATION 1. Using the Elevation Certificate instructions, indicate the diagram number from the diagrams found on Pages 5 and 6 that best describes the subject building's reference level 2(al. FIRM Zones Al-A30, AN, AH, and A (with BFE). The top of the reference level floor from the selected diagram is at an elevation cfi j i r 10k,r/IfeetNGVD(orotherFiRMdatum_seeSectionB, Item7). (see Comments) (bi. FiRM Zones V1-V30, VE, and V (with BFE). The bottom of the lowest horizontal structural member of the reference level from the selected diagram, is at an elevation cfi I I I 1 6J,b~J feet NGVD (or other FIRM datum-see Section B, Item 7)(,see (c). FIRM Zone A (without BFE). The floor used as the reference level from the selected diagram is [ I !,[~ feet above ~ or below [] (check one) the highest grade adjacent to the building. (d). FIRM Zone AC. The floor used as the reference level from the selected diagram is ~ I I.b~ feet above [] or below ~ (check one) the highest grade adjacent to the building. If no flood depth number is available, is the building's lowest floor (reference level) elevated in accordance with the community's floodplain management ordinance? [] Yes [] No [] Unknown 3. Indicate the elevation datum system used in determining the above reference level elevations: [~ NGVD '29 ~ Other (describe under Comments on Page 2). (NOTE: If the elevation datum used in measuring the elevations is different than that used on the FIRM [see Section B, Item 7], then convert the elevations to the datum system used on the FIRM and show the conversion equation under Comments on Page 2.) 4. Elevation reference mark used appears on FIRM: [] Yes [] No (See instructions on Page 4) 5. The reference level elevation is based on; ~ actual construction [] construction drawings (NOTE: Use of construction drawings is only valid if the building does not yet have the reference level floor in place, in which case this certificate will only be valid for the bM#ding during the course of construction. A post-construction Elevation Certificate will be required once construction is complete.) 6. The elevation of the lowest grade immediately adjacent to the building is:l I [ I I 5] .b,~J .feet NGVD (or other FIRM datum-see Section B, Item 7). SECTION D COMMUNITY INFORMATION 1. ff the community official responsible for verifying building elevations specifies that the reference level indicated in Section C, Item is not the "lowest floor" as defined in the community's floodplain management ordinance, the elevation of the building's "lowest floor" as defined by the ordinance is: [ I I I 1~ .~ feet NGVD (or other FIRM datum-see Section B, item 7), 2. Date of the start of construction or substantial improvement FNMA Form 81-31, MAY 93 REPLACES ALL PREVIOUS EDITIONS SEE REVERSE SlOE FGR CONTINUATION SECTION E CERTIFICATION This certification is to be signed by a land s0rveyor, engineer, or architect who is authorized by state or local law to certify elevation information when the elevation information for Zones At-A30, AE, AH, A (with BFE),V1-V30,VE, and V (with BFE) is required. Community officials who are authorized by (ocal law or ordinance to provide floodplain management information, may also sign the certification, In the case of Zones AD and A (without a FEMA or community issued BFE), a building official a property owner, or an owner's representative may also sign the c~rtlfication. Reference level diagrams 6, 7 and 8 - Distinguishing Features-If the certifier is unable to certify to breakaway/non-breakaway wall, enclosure size, location of servicing equipment, area use, wall openings, or unfinished area Feature(s), then list the Feature(s) not included in the certification under Commen~s below. The diagram number, Section C, item 1, must still be entered. : I certify that the Jnforma#on in Sections B af~d C on this certificate represents my best efforls to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section '/00~, CERTIFIER'S NAME i LICENSE NUMBER (or Affix Seal) ~ LS25626 Roderick Van Tuy1 i COM~A~NAME TITLE i Licensed Land Surveyqr Roderick Van Tuyl, P.C. ADDRESS ! CiTY STATE ZiP 218 Front St. P 0 Bdx 8 Greenport N.Y. 11944 ~---?-v-~ June 20~ 1995 -477-0170 Copies should be mede of.this Certlflca!e for: 1) community official, 2) Insurance agent/company, and 3) building owner. COMMENTS:Dat~n for elevation~s is mean sea level, based on observed ordinary high water at scheduled normal high itide, reduced by half the average rise and fall of tide in this ~r~e (?~4 f~ ~, !2 = ~.2~ ~n m~n ~ ~v~l = O.O and ordinary, high = 1.2) House lies in A-4 & V-4 zones. Basement is small, central basement at elev. 0.7; bottom of lowest structural member of the house is at elev. 6.6; main floor elev. is 7_7; lowest grade is ~]~v, 5.5, House, bulkhead and grad~ are all to be raised 2 feet ( ends of bulkhead are at elev. of 5.8 and 6.3) in iproposed alterations; basement is to be filled in and ON ELAB A V ZONES ZONES ELEVATION NT ADJACENT GRADE WITH ON PILES, BASEMENT PIERE, OR COLUMNE A A V ZONES ZONES ZONES The diagrams above illustrate the points at which the elevations should be measured in A Zones and V Zones, Elevations for all A Zones should be measured at the top of the reference level floor. Elevations for all V Zones should be ~neasured at the bottom of the lowest horizontal structural member. Rage 2 ~lote:'ln all A Zones, the reference level is the top of the lowest floor; in V Zones the reference level is the bottom of the low.t, horizontal structural member (see diagram on page 2). Agents should refer to the Flood insurance Manual for instruction floor definition. DIAG.,RAM NUMBER 5 ALL BUILDINGS, INCLUDING MANUFACTURED (MOBILE) HOMES ELEVATED ON PIERS, POSTS, COLUMNS, SHEAR WALLS, WITH OR WITHOUT PARKING AREA BELOW ELEVATED FLOOR. OIsUnguishing Feature - For all zones, the area below the'elevated floor is open, w~th no obstruction to the flow of flood waters (open wood lattice work or readily removable insect screening is permissible). HIGHER FLOORS ELEVATED DIAGRAM NUMBER 6 ALL BUILDINGS, INCLUDING MANUFACTURED (MOBILE) HOMES ELEVATED ON PIERS, POSTS, COLUMNS, SHEAR WALLS, WITH OR WITHOUT PARKING AREA BELOW ELEVATED FLOOR. Distinguishing Feature - For V Zones only, the area below the elevated floor is enclosed, either padially or fully, by solid breakaway walls.** When enclosed area is greater then 300 square feet or contains equipment servicing the building, use Diagram Number 7; this will result in a higher DIAGRAM NUMBER 7 ALL BUILDINGS, INCLUDING MANUFACTURED (MOBILE) HOMES ELEVATED ON PIERS, POSTS, COLUMNS~ SHEAR WALLS, SOLID NON-BREAKAWAY WALLS, WITH OR WITHOUT PARKING AREA BELOW ELEVATED FLOOR. Distingufshlng Feature - For all zones, the area below the elevated floor ~s enclosed, either partially or fully, by solid non-breakaway walls, ~r contains equipment servicing the building. For V Zones only, the area is enclosed, e~ther partially or fully, by solid breakaway walls** having an enclosed area greater than 300 square feet, For A Zones only, with an area enclosed by solid walls hawng proper openings,*'* and used only for perking, building access, or limited storage, use Diagram Number 8 to determine the H~GHER FLOORS (IF ANY ELEVATED ENCLOSSD AREA ~FIRST FLOOR DIAGRAM NUMBER 8 ALL BUILDINGS CONSTRUCTED ABOVE AN UNFINISHED SPACE~ INCLUDING CRAWL SPACE. Distinguishing Feature - For A Zones only, the area below the first floor is enclosed by Solid or partial pedmete¢ wails, is unfinished, and contains no equipment servicing the structure. The area can be used for parking, building access, or limited storage. HIGHER FLOORS (IF ANY) Under the National Flood Insurance Program's risk classification and insurance coverage, a floor that is below ground level (grade) on ~ . all sides is considered a basement even though the floor is used for living purposes, or as an office, garage, workshop, etc. ** Solid braakaway walls are walls that are not an integral part of the structural support of a building and are intended through their design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation. An area so enclosed is not secure against forcsable entry. *** /f the area below the lowest floor is fully enclosed, then a minimum of two openings are required with a total net area of at least one square inch for every square foot of area enclosed with the bottom of the openings no more than one foot above grade. Alternative/y, certification may be provided by a registered professional engineer or architect that the design will allow equalization of hydrostatic flood forces on exterior walls. If neifher of these criteria are met, then the reference level is the lowest grade adjacent to the structure. Page 6 593.] 1 ;3 INSTRUCTIONS The follow ng 8 diagrams cunts n descrlpt ons of vanous types of build ngs. Compare the features of your building with those shown in the diagrams and select the diagram molst applicable, indicate the diagram number on the Elevation Certificate (Section C Item 11 and comp ets the Certificate. The reference eve floor is that level of the building used for underwriting purposes. NOTE: In all A Zones, the reference level 14 the top of the lowest floor; In V Zones the reference level is the bottom of the lowest horizontal structural member (see diagram on page :~), Agents should refer to the Flood Insurance Manuel for Instruction on lowest floor definition. DIAGRAM NUMBER 1 ALL SINGLE AND MULTIPLE FLOOR BUILDINGS (OTHER THAN SPLIT LEVEL), INCLUDING MANUFACTURED (MOBILE) HOUSING AND HIGH RISE BUILDINGS,EITHER DETACHED OR ROW TYPE (E,G., TOWNHOUSE, ETC,); iWITH OR WITHOUT ATTACHED GARAGE. Distinguishing Feature - The first floor Js not below ground level (grade) on aris[des*. This includes "walkout" basements, where at least one side is at or above grade. (Not illustrated HIGHER FLOORSI (IF ANY) IREFERENCE LEVEL (TOP OF FLOOR) DIAGRAM NUMBE ~ 3 ALL SPLIT LEVEL BUILDINGS, EITHER '3ETACHED OR ROW TYPE (E.G., TOWNHOUSES, ETC.); WITI I QR WITHOUT ATTACHED GARAGE. a# sides*, This includes "walkout" basements, wi~ere at least one side is at or above grade. HIGHER FLOORS HIGHER FLOORS (~FANY) I~P ANy) GRADE UPPER LEVEL INTERME lATE LEVEL GRADE * Under the National Flood Insu (grade) on all aides is conside~ workshop, etc. DIAGRAM NUMBER 2 ALL SINGLE AND MULTIPLE FLOOR BUlLDINGE (OTHER THAN SPLIT LEVEL), INCLUDING MANUFACTURED (MOBILE) HOUSING AND HIGH RISE SUILDINGS, EITHER DETACHED OR ROW TYPE (E,G., TOWNHOUSES, ETC,); WITH OR WITHOUT ATTACHED GARAGE. Distinguishing Feature - The first floor or basement (including an underground garage*) is below ground level (grade) on allsides*. HIGHER FLOORS {IF ANY) GRAOE DIAGRAM NUMBER 4 ALL SPLIT LEVEL BUILDINGS, EITHER DETACHED OR ROW TYPE (E.G. TOWNHOUSESi ETC.); WITH OR WITHOUT ATTACHED GARAGE, Distinguishing Feature - The ~ower level ~o~ intermediate Jevel) is below ground level (grade) on allsides*. HIGHER FLOORS HIGHER FLOORS (IF ANY) IIF ANYI UPPER LEVEL GRADE ~GRADE ~INTERMEDIATE EOWER LEVEL ' REFERENCE ITOR oFFLOO.'l ance Program's risk classification and insurance coverage, a floor that is below ground level ~d a basement even though the floor is used for living purposes, or aa an office, garage, Page 5 SECTION C Building Elevation Information Item 1. The Elevation Certificate uses a building's reference level as tl~e poir~t for measuring its elevation. Pages 5 and 6 of this Elevation Certificate package contain a series of eight diagrams of various building types that are to be used to help determine the reference level. Choose the diagram that best represents this building, record the diagram number, and use the indicated reference lever to measure the elevation as requested in Items 2a-d. Item 2. Depending on the property location's FiRM Zone, complete Item 2a, 2b, 2c, or 2d. Use the reference level shown in the appropriate building diagram as the point of measurement. As shown in the diagram on the back of the Certificate, for all A Zones, the elevation should be measured at the top of the reference level floor. For all V Zones, the elevation should be measured at the bottom of the lowest horizontal structural member of the reference level floor. Reporting of elevations in Items 2a and 2b should be to the nearest tenth of a foot, or alternatively, unless prohibited by state or local ordinance, the reference level elevation may be "rounded down" to the nearest whole foot ("rounding up" is prohibited). Item 2(a), For structures located in FiRM Zones A1-A30, AE, AH, end A (with BFE's), record the elevation (to the nearest tenth of a foot) of the top of the floor identified as the reference level in the applicable diagram. Item 2(bi. For structures located in FIRM Zones V1-V30, VE, and V (with BFE's), record the elevation (to the nearest tenth of a foot) of the bottom of the lowest horizontal structural member of the floor identified as the reference level in the applicable diagram. Item 2(c). For structures located in FIRM Zone A (without BFE's), record the height (to the nearest tenth of a foot) of the top of the floor indicated as the reference level (from the applicable diagram) above or below the highest adjacent grade immediately next to the building. Item 2(d). For structures located in FIRM Zone AO, the FiRM will show the base flood depth. For locations in FIRM Zone AO record the height (to the nearest tenth of a foot) of the top of the floor identified as the reference level (from the applicable diagram) above or be)ow the highest adjacent grade immediately next to the building. For post-FIRM buildings, the community's floodplain management ordinance requires that this value equal or exceed the base flood depth provided on the FIRM. For those few communities where this base flood depth is not available, the community will need to determine if the lowest floor is elevated in accordance with their floodplain management ordinance. Item 3. Record the vertical datum system used in identifying the reference level elevations for all buildings, if the datum used in measuring the elevations is different than that used on the FIRM, then convert the elevations in items 2a-d to the datum used on the FIRM, and show the conversion equation under the Comments section on Page 2. Item 4. Indicate if the elevation reference mark used appears on the FIRM. Reference marks other than those shown on the FiRM may be used for elevation determinations. In areas experiencing ground subsidence, the most recently adjusted reference mark elevations must be used for reference level elevation determinations. Item 5. Indicate if the reference level used in making the elevation measurement is based on actual construction or construction drawings. Construction drawings should only be used if the building does not yet have the reference level floor in place, in which case the Eiewtion Certificate will only be valid for the building during the course of construction. A post-construction Elevation Certificate will be needed once construction is complete. item 6. Record the elevation measurement of the lowest grade adjacent to the building (to the nearest tenth of a foot). Adjacent grade is defined as the elevation of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. This measurement should be to the nearest tenth of a foot if this Certificate is being used to support a request for a LOMA/LOMR. SECTION D Communitylnformation Completion of this section may be required by the community in order to meet the minimum floodplain management requirements of the NFIP. Otherwise, completion of this seCtion is not required. Item 1. The community's floodplain management ordinance requires elevation of the building's "lowest floor" above the BFE. For the vast majority of building types, the reference level and the lowest floor will be the same. If the community determines that there is a discrepancy, record the elevation of the lowest floor. Item 2. Enter date. These terms are defined by local ordinance. SECTION E Certification Complete as indicated. The Elevation Certificate may only be signed by a land surveyor, engineer, or architect who is authorized by state or local law to certify elevation information when the elevation information for Zones Al-A30, AE, AH, A (with BFE's), V1-V30, VE, and V (with BFE's) is required. Community officials who are authorized by local law or ordinance to provide floodplain management information may also sign this certification. In the case of Zones AO and A (without BFE's), a building official, e property owner, or an owner's representative may sign this certification. Certification is normally to the information provided in Sections B and C. If the certifier is unable to certify to the selection of reference level diagram 6, 7 or 8 (Section C. Item 1). e.g., because of difficulty in obtaining construction or building use information needed to determine the Distinguishing Feature!~). the certifier must list the Feature(s) excluded from the certification under Comments on Page 2. The diagram number used for the Reference level must still be entered in Section C, Item 1. Page 4 THE NATIONAL FLOOD INSURANCE PROGRAM ELEVATION CERTIFICATE · PURPOSE OF THE ELEVATION CERTIFICATE The Elevation Certificate is an mportant ~dm~n~strat ve tool of the National Flood Insurance Program (NFIP). As part of the agreement for making flood insurance available in a community, the NFIP requires the community to adopt a floodplain management ordinance containing certai0 minimum requirements intended fo reduce future flood losses· One such requirement is that the commun ty "obta n the e evat on of the lowest floor including basement) of all new and substantially improved structures, and maintain a record of all such information·" The Elek/ation Certificate is one way for a community to comply with this requirement· The Elevation Certificate is also required !o properly rate post-FIRM structures, which are buildings constructed after publication of the Flood Insurance Rate Map (FIRM), for rio,od insurance in FIRM Zones Al -A30, AE, AC, AH, A (with Base Flood Elevations [BFE's]), V1-V30, VE, and V (with BFE's), In addit!on, the Elevation Certificate is also needed for pre-FIRM structures being rated under post-FIRM flood insurance rules. I Use of this certificate does not in any way a tar the flood insurance purchase requirement. The Elevation Certificate is only used to provide information necessary to ensure compliance with applicable community floodplain management ordinances, to determine the proper f cod insurance premium rate, and/or to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR). Only a LOMA or LOMR from the Fedora Emergency Man,agement Agency (FEMA can amend the FIRM and remove the Federal requirement for a lending institution to require the purchas(t of flood insurance. Note that the lending institution may still require flood insurance. This certificate is only used to certify the ~levation of the reference isvel of a building, if a non-rssfdential building is being floedproofed, then a Floodproofing Certificate must be comp eted in addition to certifying the building's elevation. Floodproofing of a residential building does not alter a community's floodplain management elevation requirements or affect the insurance rating unless the community has been issued an exception by FEMA to allow flOodproofed residential basements, INSTRUCTIONS FOR COMPLETING THE ELEVATION CERTIFICATE The Elevation Certificate is to be comple[ed by a land surveyor, engineer, or architect who is authorized by state or local law to certify elevation information when the elevation!informat on for Zones A1 -A30, AE, AH A (with BFE's) V1 -V30, VE, and V (with BFE's) is reduired. Community officials who are a~uthcrized by local law or ordinance to provide floodplain management information may also complete this form. For Zones AC and A (without BFE's), a building official, a property owner, or an owner's representative may also provide the information on this certificati?n, SECTION A Property Information The E ovation Cart f cate dent f es the b~J id ng, ts owner end ts Iocat on, Provide the building owner's name(s), the building's complete street address, and lot and block numbe'r. If the property address is a rural route or PO box number, provide a legal description or an abbreviated location description based !n distance from a reference point. I SECTION B Flood Insurance Rate Map Information In order to properly complete the Elevation Certificate, it is necessary to locate the building on the appropriate FIRM, and record the appropriate Information. To obtain a FIF M, contact the community or call 1-800-333-1363, The Elevation Certificate may be compl~ ed based on either the FIRM in effect at the time of the certification or the FIRM in effect when construction of the building was started. Items I - 6. Using the FIRM Index and t ~e appropriate FIRM panel for the community, record the community number, panel (or page) number, suffix, and Index date. From th ~ appropriate FIRM panel locate the property and record the zone and the BFE (or flood depth number) at the building site. BFE's are ;hown on a FIRM for Zones Al-A30, AE, AH, V1-V30, and VE; f cod depth numbers are shown for Zone AC. ~ Item 7. Re~ord the vertical datum s~ste~m to whidh the elevations on the applicabl~ FIRM are ieferenced. The datum is specified in the upper right corner of the title block of th~ FIRM. Item 8. In A or V Zones where BFE's aie not provided on the FIRM, the community may have established BFE's based on data from other sources. For subdivisions and other davelopment greater than 50 lots or 5 acres, establishment of BFE's is required by community floodplain management ordinance. W~en this is the case, complete this item· Page 3 TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE ~ FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA (OWNER MUST RETAIN THIS CERTIFICATE) PREMISES LOCATED 'AT: PERMIT NO. PERMIT DATE OWNERS NAME AND ADDRESS: CHECK ONE: [] NEW BUILDING [] EXISTING BUILDING [] VACANT LAND THE LOCAL ADMINISTRATOR IS TO COMPLETE A. OR B. BELOW: COMPLIANCE IS HEREBY CERTIFIED WITH THE REQUIREMENTS OF LOCAL LAW # , 19 SIGNED: DATED:. COMPLIANCE IS HEREBY CERTIFIED WITH THE REQUIREMENTS OF LOCAL LAW # , 19__, AS MODIFIED BY VAR/ANCE # DATED ' SIGNED: DATED: C/C(93) ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of NOTICE OF APPEAL RICHMOND S. CORWIN, JR., Petitioner, pursuant to Section 267-a of the Town Law and Section 100-271 of the Southold Town Code, to review certain interpretations and determinations of the Town Building Inspector with respect to the issuance of Building Permit No. 23346Z to Arthur H. Dmcberg, Jr. TO THE BUILDING INSPECTOR AND THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, NEW YORK: The Petitioner in the above-referenced application, Richmond S. Corwin, Jr., by his attorneys, Esseks, Hefter & Angel, hereby appeals from the interpretations and determinations of the Town of Southold Building Inspector in connection with the issuance of Building Permit No. 23346Z to Arthur H. Axberg, Jr., in connection with construction of a "low profile retaining wall" on his property located at 3705 Camp Mineola Road, Mattituck, New York (SCTM No. 1000-123-5-34). The grounds of the said appeal and the relief sought are as set forth in the Petition annexed to the annexed application. Dated: Riverhead, New York June 3, Z996 BLDG. DEPT. TOWN 0~: S,Ot~)T~OU) Appellant Petitioner ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of RICH~0ND S. CORWIN, JR., Petitioner, pursuant to Section 267-a of the Town Law and Section 100-271 of the Southold Town Code, to review certain interpretations and determinations of the Town Building Inspector with respect to the issuance of Building Permit No. 23346Z to Arthur H. Axberg, Jr. PETITION FOR REVIEW OF INTERPRETATIONS AND DETERMINATIONS OF THE BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS AND THE COASTAL EROSION HAZARD BOARD OF REVIEW OF THE VILLAGE OF EAST HAMPTON, NEW YORK: The Petitioner, Richmond S. Corwin, Jr., by his attorneys, Esseks, Hefter & Angel, respectfully alleges: 1. This application is made pursuant to Section 267-a of the Town Law and Section 100-271 of the Southold Town Code (hereinafter the "Town Code"). 2. Petitioner is the owner in fee, with his wife, of a parcel of waterfront real property (hereinafter the "Corwin parcel"), and the improvements thereon, situate at Mattituck in the Town of Southold, County of Suffolk, and State of New York, which property is known and designated as District 1000, Section 123.00, Block 05.00, and Lot No. 035.000 on the Suffolk County Tax Map. 3. Upon information and belief, Arthur H. Axberg, Jr. (hereinafter "Axberg") is the owner in fee of a parcel of waterfront real property (hereinafter the "Axberg parcel"), and the improvements thereon, situate at Mattituck in the Town of Southold, County of Suffolk, and State of New York, which property is known and designated as District 1000, Lot No. 4. parcel. 5. Both the Corwin and the Axberg parcels residential structures. Section 123.00, Block 05.00 and 034.000 on the Suffolk County Tax Map. The Axberg parcel is contiguous on the west to the Corwin are improved with 6. Both the Corwin and the Axberg parcels have, along their southerly sides, bulkheaded frontage along the open waters of Great Peconic Bay. 7. By reason of their location, both the Corwin and the Axberg parcels are subject to and affected by floodwaters and storm surges from Great Peconic Bay. 8. Upon information and belief, on April 5, 1996, the Building Inspector of the Town of Southold (hereinafter the "Building Inspector") issued a Build~ng Permit No. 23346Z to Axberg, which permit granted permission to "construct low profile retaining wall (6" to 12") as applied for." A copy of the said Building Permit, the application therefor, and the plot plan upon which the permit was issued, are annexed hereto. 9. Upon information and belief, the aforesaid building permit was applied for, examined, approved, and issued on the same day -- i.e., April 5, 1996. 10. The aforesaid building permit was applied for and issued after construction of a retaining wall had already been undertaken and completed on the Axberg parcel without benefit of any building permit, in or about mid-September, 1995. -2- 11. The aforesaid building permit should not have been issued, is illegal, invalid, null, and void, and should be revoked and/or annulled by the Building Inspector and the Zoning Board of Appeals because, among other things: (a) The application for the said building permit did not comply with the requirements of Section 45-8(C) of the Town Code, in that the application was not accompanied by a plot plan drawn to scale and signed by the person responsible for the drawing, was not accompanied by a current survey, was not accompanied by plans and specifications sufficient to enable the Building Inspector to ascertain if the proposed structure complied with applicable construction codes (including, but not limited to, the requirements of Chapter 46 of the Town Code), did not disclose the area of the Axberg parcel, did not disclose the distances of the retaining wall from other existing buildings on the same lot and adjacent lots, including the Corwin parcel, and did not disclose topographic or other information with regard to the retaining wall, the Axberg parcel, and the Corwin parcel; (b) The retaining wall construction does not comply with the requirements of Chapter 46 of the Town Code, because (i) the Axberg parcel, upon information and belief, is designated partially in the "V4" zone and partially in the "A4" zone on the Flood Insurance Rate Map ("FIRM") prepared by the Federal Emergency Management Agency ("FEMA"), which is specifically adopted and declared to be part of Chapter 46 of the Town Code by Section 46-6 of the Town Code; (ii) by reason of its location in a designated -31 "V4" zone and a designated "A4" zone of the FIRM, among Other reasons, the Axberg parcel is located within an "area of special flood hazard," as defined in Chapter 46 of the Town Code; (iii) upon information and belief, the portions of the Ax berg parcel that are located in a designated "V4" zone of the FIRM are, by reason of such location, among other reasons, located within a "coastal high- hazard area," as defined in Chapter 46 of the Town Code; (iv) construction of the aforesaid retaining wall along the boundary between the Axberg parcel and the Corwin parcel constitutes "development," as that term is defined in Chapter 46 of the Town Code; (v) Section 46-12 of the Town Code makes it unlawful to undertake any development in an area of special flood hazard, as shown on the FIRM, without a valid "floodplain development permit"; (vi) although he is required to do so by Town Code Chapter 46, Axberg has not obtained a "floodplain development permit" for construction of the retaining wall on the Ax berg parcel; and (vii) upon information and belief, Axberg cannot obtain a "floodplain development permit" for the aforesaid retaining wall on the Axberg parcel because the retaining wall does not comply with the design and construction requirements and standards set forth in Chapter 46 of the Town Code for "areas of special flood hazard" and "coastal high-hazard areas" and the retaining wall may result in physical damage to the Corwin parcel in the event of a storm; and (c) Section 45-9 of the Town Code precludes issuance of building permit for work that does not conform to all the requirements of the Uniform Code and all other applicable building regulations. 12. Petitioner is aggrieved by issuance of the aforesaid building permit and will suffer special damages from the construction and maintenance of the retaining wall purportedly authorized by the building permit because (a) upon information and belief, in the event of a storm, the retaining wall will cause increased, and possibly catastrophic, damage to the Corwin parcel, and the house thereon, which lies only approximately 10.5 feet, at its northwesterly corner, from the property line with the adjoining Axberg parcel and the aforesaid retaining wall constructed along that property line, since floodwaters, waves, and storm surges will reflect off of the retaining wall on the Axberg parcel, and will impact, undermine, and destroy the Corwin parcel along its boundary with the Ax berg parcel, as well as the house on the Corwin parcel, and (b) for the foregoing reasons, the retaining wall reduces the value of the Corwin parcel. W~EREFOR~, Petitioner respectfully prays that the Zoning Board of Appeals: 1. Annul, reverse, and set aside Building Permit No. 23346Z issued by the Building Inspector to Arthur H. kxberg, Jr.; 2. Determine that the aforesaid retaining wall cannot be constructed or maintained on the kxberg parcel unless and until Axberg obtains a "floodplain development permit" for the retaining ~5~ wall pursuant to Chapter 46 of the Town Code and submits a proper and complete application for building permit; and 3. Grant Petitioner such other and further relief as is just and proper. Dated: Riverhead, New York June 3, 1996 RICHMOND S. CO Petitioner ESSEKS, HEFTER & ANGEL ~hn M. W~gner~ Esq. Attorneys for Petitioner 108 East Main Street P.O. Box 279 Riverhead, NY 11901 (516} 369-1700 -6- STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) RICHMOND S. CORWIN, JR., being duly sworn, deposes and says that he is the applicant, that all statements made in this application are true to the best of his knowledge and belief, except as to matters therein stated to be alleged on information and belief and, as to those matters, he believes them to be true. The undersigned hereby annexed Petition. requests the relief requested in the RICHMOND S. CORWIN, JR. Sworn to before me this ~ day of June, 1996. !~. 4g7311~ -7- Albert J. Krupsl~i, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD S.E.Q.R.A. NEGATIVE DECLARATION Town Hall 53095 Main Road P.O. Box 1179 . Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 JUN - 5 NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-123-5-34 Chapt. 97 - Wetlands NAME: Arthur Axberg Chapt. 37 - Coastal Erosion DATE: May 26, 1995 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of %he Town of Soughold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Type I DESCRIPTION OF ACTION: Applicant requests a Wetland Permit to construct timber bulkhead to replace existing bulkhead 2'9" in front of to tie into neighbors on both sides as per drawing dated as received May 10, 1995. LOCATION: SCTM 91000-123-5-34 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc. CAC Albert J. Krupsld, President John Holzapfel, Vice President William G. Albertson Martin II. Gan'ell Peter Wenczel Town Hall · 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 July 28, 1995 Arthur Axberg, Jr. 1 Delaware Rim Drive Yardley, Pa. 19067 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Re:SCTM ~123-5-34 Dear Mr. Axberg: The following action was taken by the Board of Town Trustees during its regular meeting held on July 27, 1995 regarding the above matter: WHEREAS, ARTHUR AXBERG,JR. applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 2, 1995, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public IIearing was held by the Town Trustees with respect to said application on July 27, 1995, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of ARTHUR AXBER,Jr. request a Wetland Permit to construct 60+/-' timber bulkhead 2'9" in front of existing bulkhead with stairs and a 4' return on the east side tying into a-I08' varied height return and 6' return on west side as per plans dated as revised July 27, i995. Permit to construct project will expire two years from the date it is signed if not started. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJKtjmd cc: CAC Bldg. Dept'~/ Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. /"J *'J ~.i~) DATE: ...~.~1¥ 28, lc~9B ISSUED TO .........~rth~ /~:ber.~....Tr., ....................... Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, lB93; and Chapter 404 of the Laws of the State of New York 1952; and the SoufhoJd Town Ordinance en- titled "RE('=ULATING AND THE PLACINC~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WA'rEP-,S;" and in accordance with the Resolution of The Board adopted at a meeting held on 19 c~.., and Jn consideration of the sum of $ ]'50.r..~0 paid by · Ari:hu~ ..Axber g., ...Jr of ...................................................... N. Y. and sub. ject fo fha Terms and Conditions listed on +he reverse s,de hereof, Of SouthoJd Town Trustees authorizes and permits the following: to construct 60+/-' timber bulkhead 2~9~' in front of existing with stairs & a 4' return on the east side tying into a 108t , varied height return &6' return on west side as per plans dated as revised July Z?, 1995. ail in accordance with fha detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate SeaJ fo be affixed, and these presents fo be subscribed by a majority of the said Board as of fhis daf, e. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMrr No. DATE: ...SJ Z5 ISSUED TO , AB. THUI~ AX.BEE. G.,. JR Pursuant to the provisions of Chapter 615 of the Laws of the State of New Yorlc, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REC~ULATINC= AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, ,~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on.. 5./~5/~5 .... 19 95. , and in consideration of the sum of $ 150.00 paid by . Donald.. G.. Eedler .for .ARTHUR..AXBERG.~ JR. .............. of ...... Ma,'~ti(;~c.k ............... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following:' To renovate and construct a second story addition to an existing one story residence and raise house. all in accordance with the defaited specifications as presented in the originating appl~catlon. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ~ts Corporate Seal fo be affixed, and these presents to be subscribed by e major'tV of the said Board as of this date. New York State Department of Environmental Conservation Building 40 - SUNY, Stony I~ook, New York ~ 1790-2356 Phone (516) ~. 0365 Fax # (516) 444-0373 Based on the information you have submitted, the New York State Dep~uacnt of Environmental Conservation has determined that: Therefore, in accordance with the current Tidal Wetlands Land Use Regula~ous (6NYCRR Part 661) no permit is required under the Tiaal Wetlands Act. Please be advised, however, that no consu'uction, sedimentation, or disturbance of any kind may tak~ place ~award of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. /t is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other altexation or dismr'oance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining an adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale Please be further advised that this le~ does not relieve you of thc responsibility of obtaining any nece, ssaO' pe, rmits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator Town Hail, 53095 Ma{n Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD April 23, 1996 Mr. Arthur Axberg, Jr. 3705 Camp Mineola Rd. Mattituck, N.Y. 11952 Re: Premises @ 3705 Camp Mineola Rd., Mattituck, N.Y. Surf. Co. Tax Map #1000-123-5-34 Dear Mr. Axberg: It is my understanding that you seek a revision of the NFIP maps for inadvertent inclusion and not for alteration of topography. Under these circumstances, there is no requirement for community approval of your request. Please advise me if I am incorrect, and you are seeking to alter the topography. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Thomas J. FYsher, Sr. Building Inspector TJF:gar RICHMOND S. CORWIN, Jr. 2564 Forest Knoll Annapolis, MD 21401 March 27, 1996 Mr. Thomas J. Fisher Town of Southold Building Inspector Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Issuance of a stop-work order for certain ongoing and proposed construction, alteration, and filling on property of Arthur H. Axberg without benefit of separate building permits or a "floodplain develpoment permit" pursuant to Chapters 45 and 46 of the Southold Town Code Dear Mr. Fisher: I am writing to you in your capacities as Senior Building Inspector and as "local administrator" of Chapter 46 of the Southold Town Code ("Flood Damage Prevention"). I am the owner, with my wife, of a house and property on Camp Mineola Road, in Mattituck (SCTM No. 1000-123.00-05.00-035.000). My property fronts on Great Peconic Bay. Since September, 1995, certain changes have been made to the bayfront property (SCTM No. 1000-123.00-05.00-034.000) that adjoins my property on the west and is owned by Arthur H. Axberg. Specifically, Mr. Axberg or his contractors (1) have replaced the pre- existing bulkhead on his property with a bulkhead and bulkhead "returns" that are higher than the pre-existing bulkhead and (2) have installed a variable height retaining wall along well over 100 feet of the property line between Mr. Axberg's property and mine. I also understand that Mr. Axberg proposes (1) to raise the elevation of his house, (2) to place a new concrete foundation under his elevated house, (3) to construct an addition to his house, (4) to place fill behind his new bulkhead and new retaining wall and against his new concrete foundation, and (5) to erect a new, rigid stairway along the easterly side of his house, within five (5) feet of my property line. It is clear that the new bulkhead, bulkhead "returns", and retaining wall constructed on Mr. Axberg's property are "structures", which require separate building permits pursuant to Sections 45-8 and 45-20 of the Town Code. Mr. Thomas J. Fisher March 27, 1996 Page Two It is also clear that Mr. Axberg's completed construction of a bulkhead, bulkhead "returns," and a retaining wall along my property line, as well as Mr. Axberg's proposed house raising and addition work, proposed concrete foundation and stairway construction, and proposed land filling, all require a "floodplain development permit" pursuant to Chapter 46 of the Town Code. Both my property and Mr. Axberg's property are located in "V-4' and "A-4" zones on the Flood Insurance Rate Map, and are therefore classified withinan "area of special flood hazard" and a "coastal high-hazard area" under Chapter 46 of the Town Code. Pursuant to Town Code Section 46-9, in an "area of special flood hazard," no structure may be constructed, located, extended, converted, or altered, and no land may be excavated or filled, without full compliance' with the terms of Chapter 46 and other applicable regulations. In addition, pursuant to Town Code Section 46-12, no "development" may be undertaken in an "area of special flood hazard" without a valid "floodplain development permit." The term "development", as used in Chapter 46 of the Town Code, is broadly defined by Town Code Section 46-4 as [a]ny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials." I and my representatives have repeatedly examined the records of the Southold Town Building Department with respect to Mr. Axberg's property. Those records do not reflect that Mr. Axberg has ever applied for or obtained either (1) separate building permits for the bulkhead "returns", or retaining wall on his property or (2) a "floodplain development permit" for any of the completed and proposed construction, land filling, and "development" described above. For the foregoing reasons, I respectfully request that you issue a stop-work order to Mr. Axberg immediately, pursuant to Section 45-13 and Section 46-14(F).of the Southold Town Code, and take whatever steps are necessary and appropriate to cause Mr. Axberg to remove the elevated bulkhead "returns" and retaining wall he has constructed on his property without a floodplain development permit, and to restore the property to its former condition. y~uly yours, ~ Richmond S. Corwin, Ir. Federal Emergency Management Agency Region II 26 Federal Plaza. Room 1337 New Yor!c, NY 10278-0002 Dear Sir/~adam: Listed below ie the information required ~or processing of your Letter of Map Amendment (LOMA)/Letter of Map Revision (LOMI~) application= A copy of your recorded deed. A copy of the Flood Insurance Rate Map CFIRM), which is available at your town hall. Indicate where your property is located on the map. Also, please include a copy of the cover panel of the FIRM. - A copy of your site survey. In addition to the above, please fall out questions 1 through 6, on the .enclosed form. Please be advised that an elevation certificate is required, certified by a registered ~rofessionai engineer or licensed land surveyor, as detailed in question ~5-E on the enclosed form. If you have any questions, please call (21l) 225-7200 between $:30am - ~:00pm any weekday. Enclosure Mitigation Division R2 -MT Federal Emergency Management Agency 26 Federal ~.z.. R~ t337 New Yor~ NY I0278-~2 Dear sir/Madam: Listed below is the information recf~ired for process~n~ of your Letter of Map A~endment (LoMA)/Latter of Map Revlslon application: A copy of your recorded deed. A copy of the Flood Insurance Rate Map (FIRM), which is available at your town hall. Indicate where your property is located on the map. Also, please inc!udm a copy of the cover panel of the FIRM. - A copy of your sits survey. In addition to the above, please fill out questions 1 through 6, on the enclosed form. Please be advised that an elevation certificate ks required, certified by a registered professional engineer or licensed land surveyor, a~ detailed in question #5-E on the enclosed fo~m. If you have any questions, 8:30am - 5:00pm any weekday. Enclosure please call (R12) 225-7200 between Mitigation Division FEDE~M. E[MERQENOY MANAOE~ENTAGENCY ' 0.~.~ NO. A~PL~CATION ~ORM FOR ~ING~ RESID~T~L LOT OR ~TRU~URE ~DM~DM~T8 AND R~I~IONS TO NATIONAL FLOOD IN~U~CE PROG~M MAPS ~ ~w P~erw~k Burden Dis~csure burden for th;s Is es~ma~ed to aver;ge 2.4 hours per resp~e. ~ includes the time for reviewing instructions, searchin~ da~ sources, gathering and maintat~ng the data nee=a0, a~ comoteting and ;eviewing the fo;m, Send ~egarding the accuracy of ~e burden esttm~e ~o: Information Coliec~on Ma~gement, Federal ~erge~y Ma~gemen: 500 C Street. SW, Washington. DC 20472: and :o the Office of Management and Budget, PaDe~otk Reduction ~ 20503. This fo~ s~0uld be used by a~ nd vid~ ~r~De~ owner t; request t~t t~e Federal ~erOan~ Ma~gemen~ Agency ~P~A) remove regismred lite.ed land suweyor or pmfessia~/eng~eC from a desig~md Special Flood Hazard Ar~ (SFHA), an area :~t would be inundated by ~a 100-year (one-percent annual} flood, v~ ~ of Map Ame~ment [LOMA) or ~er =f Map Revision 8aae~ In ad,it(on, i[ s~s~l ~t be u~ed for requests submi~ed ~y developers o~ for requests tnYolving multiple s~uctures of ~tla 44, c~pte~ i Pa~s E5 and 70, Code of Federal Regulations. The put0ase of Pa~ 70 is ~ provide an administrative whereby F~A wJil review info,marion submi~ed by an ewer or lessee of pmp~ who believes ~t his or ~r ptepe~ ~s ~een ~SlS OF O~MIN~T)~N F~A's dentition a~ ~; whaler a ;~cture or legally mcord~ pa~sl of la~. er po~ons ~here~f, deathbed by metes and p~ons ~ar~f am te ~e removed from the SFHA a~ w~har fill ~s been plaid on ~e ;reOe~ ~0 rs(se ~ ~r~tura or panel of ITEM TO BE REMOVED FROM THE SFHA Structure located on fill U~eveloped totally mco~ed parcel of land or po~ons there~ ELEVATION INFORMATION REQUIRED Lowes~ adiaoBnt grade {the e[evetion of the lowest 9~und ;ouchir~ ~ stfuc~fel to the structure Lowest adjacent grade to the ;~'umum and the elevation cf the Icwes~ floor (including basementl Ele~a~or~ of the lowest ground on the i~atosl or within the portion el land to be (emoved from the SFHA Please note the following list of some cf Re special considerations that may affect FEMA'a determination: Fill, is defined as material placed to raise the ground te or abrade the BFE. Fill placed before the effective date of the first NFtP map showing the propeJ"W to be within the SFHA ie treated as natural ground, If this cannot be determinad,,then the initial identification date will be used, In areas of sheer'flow flooding IAO Zone;l, the FEMA Regional Office should be comacted te clarify the elevation information that will be reQUired for a determination as to whether a e~ucture or legally defined parcel of land can be removed from the SFHA. If the lowest floor of a buiidln~ has been elevated on posts, piers, or pilings above the BF~ in the SFHA and any portion of the structure (i.e., post er piers} ia still below the BI:E, the building wilt not be removed from the SFHA. 1. Street address of your property: Has fill been placed on your properS,? ,If yes, when? Are you feque~lng ~h~t the flood Zone designation be removed from: a) your entire legally recorded property; bi a per'rico cf your legally recorded oroDe~ (a mete; and bounds description must be walden and C8~ffi~d by a registered professional (Answer 'a,' '~,' or '~') 81-82, eEC ~4 MT~.Z F~rm a. .Orgy af ~ Ma~ (wi~ ~ecotdatJ~n da~) C~Py of ~ effec~ve Fl~d ~nsurance Ra~e Map panel on w~h the prope~ location has been accurately pJo~ed Map ~howing the ~at~on 0~ any ~u~ur~ d. Metes and ~u~s description a~ aceampa~in~ map {on~y E ~ raq~ is fei a ~en of the prope~J, e. A =ompl~ed Foden( ~gen~ Ma~gement Age~, N~O~I Flood Ins~a~ ~og~m, ~eva~on , , Ce~ficate, c~ied by a regi~ered prnfe~l engin~r or li~e~ed suweyor ' ' .... CaraVans. ~fled by a regi~ered ;rofessien;; e~Ineer, or fl;~e~ suweyor, Basis of Oe~mi~en L ~ da~ m ~ub~a~ ~ 1 ~wear ~o~ e(ev~on is ~x available from an a~ho~ve ' Pederal et S~ta ag~j, ~ 1,00W~? ~ood eleva~on m~ ~e ~l¢ulated and ~ babus ~c~aaons m~ g. Commun~W Ac~wledgement Form (o~y ~f fill has been ~acee~ fo~ may be o~ai~d africa shown Salew or cammun/wJ ,. h. AddJtio~l ~nfo~a~on la.ach liStJ All ~nf~a~ =ubml~ed In ~apo~ ~ ~s req~ are correct to the best of my ~=w~edge. ] under, nd that any false ~atemen; may be punishable ~y fine ~ im~ri~a~enc unda~ Ti~e 18 of ~he United States Code, S~on Prope?ty Owner's Name: Mailing Addreae, & Dayt/me Telephone Number: Please submit ~ie form and all supporting data tg 1~e following address: Director. Mitigation Division Federal Emergency Management Agenoy.'RegJon If 26 I~ederal Plaza. Room 13;]1 New York. New York 10278-0002 NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of ARTHUR AXBERG, JR., to renovate and construct a second story addition to an existing one story residence and raise house. Located: Camp Mineola Rd., Mattituck. Permit to construct project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. CAC Meeting of MAY 18, 1995 U,. Install Bilco down into basement. 36" x 5~ across. 5. Crandfather permit for epprox. 100~ bulkhead, built approx. ~,0 years ago. The CAC recommends approval of the deck and walkway (not catwalk) subject to zoning regulations. Also the CAC~s approval for the enclosure on the east side of the garage is subject to zoning regulations. All other aspects of the application are approved as submitted. Knoll Circle, East Marion Vote of Council: Ayes: All Motion carried. No. 1256 Moved by Bruce Loucka, seconded by John Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of NICK ARONIADIS 15-9-1.6 to construct 185 I.f. (plus (2) 15' returns) of stone revetment using 3-5 ton stone on 100-1000 core, 10-50 lb. blanket. Approx. 375 c.y. of clean sand will be trucked in for backfill. A 12~ wide area of revetment will be made suitable for a boat launching ramp for owner's private use. 1090 Latham Lane, Orient Vote of Council: Ayes: Motion carried. No. 1257 Moved by Robert Kelth, seconded by Patrlcla Isaksen, it was RESOLVED to recommend to the Southold Town Board of Trustees the following for the Wetland Application of ARTHUR AXBERC, Jr. 123-5-3~ for A. Proposed 37~ x 27~ x 10~ renovation and two story additions to existing one story residence. Existing house to be raised 2~". B. Proposed timber bulkhead to replace existing timber bulkhead. The CAC recommends APPROVAL OF THE RENOVATION TO HOUSE as submitted. The CAC recommends APPROVAL ~¥1TH PROVISIONS OF THE BULKI~EAO. The CAC approves provided the bulkhead is replaced within 18" of existing bulkhead and if applicant wishes, it can be higher to match the neighbor to the west. Camp Mineola Road, Mattituck Vote of Council: Ayes: All Motion carried. Page Albert J. l~apski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (~16) 765-1823 May 26, 1995, Donald G. Feller 600 O~e Jule Lane Mattituck NY 11952 Re: ARTHUR AXBERG, JR. SCTM #123-5-34 Dear Mr. Feller, The following action was taken by the Board of Town Trustees during its regular meeting held on May 25, 1995 regarding the above matter: WHEREAS, Donald G. Feller on behalf of ARTHUR AXBERG, JR., applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 2, 1995, and, WHEREAS, said application was referred to.the Southold Town Conservation Advisory Council for their findings and recommendations, and ~HEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 25, 1995, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board ~as considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, Attachment B SAMPLE CERTIFICATE OF COMPLIANCE for Development in a Special Flood Hazard Area Albert J. Krupski, President John Holzapfel, Vice President 3im King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO' FROM: RE: Tom Fisher~ Building Dept. Jill, Clerk ~ Trustees Off~3~e A. Axberg SCTM ~1000-123-5-34 DATE: April 23, 1996 Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 In reference to above parcel, the Trustees do not have any problem with Mr. Axberg pursuing changes with regard to the F.E.M.A rating of his property, which is all in accordance with the current Trustee approvals. If you have any further questions, please do not hesitate to contact this office. JD cc: Mr. Axberg THE NEW YORK BOARD OF FIRE UNDERWRITERS 1135021 BUREAU OF ELECTRICITY ~ ~ 88 JOHN STREET, NEW YORK, NY 10038 /)ate D~.CEHBBR 27,1996 /Jpplication Mo. onfiIe ~12765696/96 N 406986 THIS CERTIFIES THAT only the eisctrical equipment ~s described beJow and introduced by the applicant n~med on the above application number in the premises of ARTHUR H.&ALIC~ AXB~RG JR, 3705 CAHP HINEOI.~%. ROAD, MATTITUCIf, N.Y. in the foHowtng hwatlon~ ~ B~,ement ~ Ist Fl. ~ 2nd FI. ATTIC .%orion Sl~ ~ ~sexa,nl.edon DEC~ER 23~ 1996 and found to be in compliance with the NaMonal Elect~caI Code. Lot FIXTURE FIXTURES RANGES OVENS DISH WASHERS EXHAUST FANS OUTLETS SWITCHES FLU{~ESCENT OTHER 44 46 1 DRYERS SYSTEMS NO. OF FEET OTHER APPARATUS: E R V I C NO. OF CC, COND. A. W, G. NO OF HI-LEG A, W, G NO, OF NEUTRAt$A.W.G. 1 4/0 1 2/C'3 1C~A AUTO TRANSFER SW,-1 PADDLE FANS-2 2 TON A/C-1 5 TON A/C-1 HOTORS:2-F H.P. ,2-F H.P. ,1-2 H.Po ,1-5 H.P, PAN~LEOARDStl-7 CIR, 1~,2-1 CIR. 60 SHOKE DETECTOR, -5 TRACK LIGHTING: -32 <<< Continued on Pa~e 2 >>> This certificate must not be altered in any manner; return to the office of the Board-if incorrect. Inspectors may be identified by their credentials. COPY FOR BUILDING DEPARTMENT. THIS coPy OF CERTIFICATE MUST NOT BE ALTERED IN ANY MANNER. THE NEW YORK BOARD OF FIRE UNDERWRITERS ~,A~ 2 ~.3,~e=~ auaB^u or E'BCTalC,TY ~ 85 JOHN STREET, NEW YORK, NY 10038 D~t~ DECE~ER 27,1996 App;;c.t;o, Mo. onfH~ 12765696/96 N 4~6986 THIS CE~IFIES THAT o~y t~ el~tricaJ ~uipment ~ ~scrib~ be~w a~ int~uc~ by t~ appllcant ~med off the a~e applicat~n flumber in t~ premhes o/ ART}{UR H.&/H~IC~ AXBERG JR, 376)5 CAHP MllffOLA ROAD, MATTITUCK, N.Y. in the fotlowlng location; [] Basement ~ Ist FI. [] 2nd Fl. ATTIC ,%etlon Block ~s examined on DECEMBER 23,1996 and found to be in compliance with the NaHonal Elect~cal Code. Lot FIXTURE rECEPTACLES SWITCHES INCANOESCE OUTLETS DRYERS I FURNACE MOTORS ~MT. K.W.I OIL H.P. GAS H,P, S~RVIC~ DISCONNECT NO, OF OTHER APPARATUS: FIXTURES I FLUORESCENT oTHER FUTURE APPLIANCE FEEDERS AMT. NO. A.W.G S RANGES SPECIAL RSC'PT R COOKING DECKS OVENS DISH WASHERS TIME CLOCKS SELL UNIT HEATERS MULTI-OUTLET ~,. A~ T.A.S, .~.So:So,~.;, I C E EXHAUST FANS ~DIMMERS OF CC, COND, NO OF HI-LEG RT. #1 BOX 45H SOUND A~ RIV~RH~,AD, NY, 11901 ~$NEEAt This ceffiticate m~t not be altered in any manner; return to the o~ioR o( the COPY FOR ~UILDING DEPARTMENT. THIS COPY OF CERTIFICATE, M~ST NOT BE ALTERED IN ANY NANNER. 765-1802 BUILDING DEPT. INSPECTION [ ]~FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION2ND [ ] INSULATION [ ] FRAMING [ ] FINAL [ ] FIREPLACE & CHIMNEY REMARKS.' ~~ ~,~ ~-~~ DATE ~//~'//~ INSPECTOR/~ r~'~ 765-1802 BUILDING DEPT. INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] FRAMING , ~JL-ATION FINAL FIREPLACE & CHIMNEY DATE/////~0 /~7 // INSPECTOR 765-1802 BUILDING DEPT. INSPECTION FOUNDATION 1ST FOUNDATION 2ND FRAMING FIREPLACE & CHIMNEY [ ] ROUGH PLBG. [ ~LATION [ ] FINAL REMARKS: DATE ,/?//~/~ /-/~ INSPECTOR 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ~ROUGH PLBG. [ ] FOUNDATION2ND [ ]INSULATION [ ~MING [ ] FINAL [ ] FIREPLACE & CHIMNEY / 765-1802 BUILDING DEPT. INSPECTION [ ] F/J:HJNDATION 1ST [ ] ROUGH PLBG. [ ~ FOUNDATION 2ND [ ] INSULATION [ ] FRAMING [ ] FINAL [ ] FIREPLACE & CHIMNEY INSPECTOR 765-~802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] I~O~ATION [ ] FRAMING ~ FINAL []FIREPLACE&CHIMNEY INSPECTOR · FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 : -.~:~ - ' ~' TEL.: 765-1802 Exanlined.. "' '~Z~..,19 Approved ...~..~ ./~., 19.~.. Permit No.~g.~..~.: .~.. BOARD OF }tEALTIt .. 3 S TS or .." SURVEY .................. CIIrCK CALL . · . · Disapproved a/c ................... Al'" Date .................. ,19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted 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 issued 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, anal regulations, and to admit authorized inspectors on premises and in building for necessa~cspe~s. 1~ ·, .-, ~ -- -- '' (Signature'r'~ ...... ~q~plica'n'tj ;; ~e} ;b ~ ~;~gr'aii~) .... (Mailing address of applicant) State whether applicant is owner, 'lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ...' .~,..TJX., .~.: .~..h~-~..~...~... .......................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .... ~...~./.~, .~. ............ Plumber's'License No ......................... Electrician's License No Other Trade's License No ...................... I Lo tion fl nd~ Ii hp d k iilb do ca o a onwlc repose wor w e ne ........ . ...... .3.7.o. 5 ................ House Number ~ Street Hamlet Cotmty Tax Map No. t000 SectionI'Zg° Block ~ Lot Subdivision Filed Map No -- Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. xisting use and occupancy ..................................................................... b. lntendeduseandoccupgncy .................. ...,. .. . · . ~Natur. e of work (check which ~pplicable): New Building ........ Addition.· .~.. ..... Alteration ~. ....... ~y' Repair .............. RemovaI ............. Demolition'' ' ~' · · Other Work ............... ~ ~0~ ~ (Description) 4. Estimated Cost . Fee ............... [ (to be paid on filing this application) 5. If dwelling, number of dwelling units .... I N b fd lli lfg be ofc ........... um ero we ng units on each flo · arage, llum r ars .... ~ ......... ,~< ....................... 7. 11. Zone or use district in which p~emises are situated .... ~..~..O... 12. Does proposed construction violate any z ',o ~,,, ,,,a~,,~.~'-'- ' '.' ;; .... M ~' ........................... 13. Will lot be regraded .~.~'.~. [ ..... g ................................. ...... i .................... '6'111 excess fill be removed from premises' Yes V, No Name of Arc ' et 'l~O~&t.O . I~ ........... Phone No..~.~ ............. 15. Is th~s property within 300 feet of a tidal wetland~ ~.- ~. ...... Phone No ................ *If yes, Southold Town Trustees Permit may be required. If business, commercial or mix?d occupancy specify nervure and extent of each t.y?e of use ...-w'. ........ ~ ....... Dimensions or' ex sting structuies if any: Front .... .'.'.~.~. . · Rear . ~,,Ot. ' ' Height .... I.~.).I ........Number of Stories '~ ................. Depth ....~..~ ........ Dunenslons ?_f s~an~e structure, with alterations or additions' Front ~,~, ~ , ' ' "'~'.k', ......... Dlmensmns of .e~)tire new Construction: Front .'~.*1. ' ~. . R~- '~'/' ' ~. ., ;~,X_; ......... He g ~t ' ?.4/.. · Nu-ber of "' ' ' ~' ....... ~'" ........ .'. ......~aepm . :./.-r' . Size oflot: Front .~.O 'l Rear ~'...'i. ". .... ~)~;[~' ¢ ~ ........ DateofPurchase tS62~ ................ ~.~'" ;.~' "2 .... ,.._ 2 ............... .......... ~ ................... ~ame ox vormer uwner . &,,..,~.~, Locate clearly and distinctly al property lines. Give street and blocl . interior or corner lot. PLOT DIAGRAM buildings, whether existing or prot3osed, and, indicate all' set-back dknensions from number or description according to deed, and show street names and indicate whether STATE OF NEW YORK, / ,/ ~' i.S COUNTy OF..,~._, .... .~. t~.: .~..~....~..,...~.1.~ ............ being duly sworn, deposes and says that he is the applicant (Name ofindividudl'signi~g contract) ' ' above named. of said owner or owners, ~d is ] (Contractor, agent, corporate officer, etc.) ............ duly [authorized to perfom or have perfo~ed the said work and to m~e and file this application; that all statements contaified ~ this application are true to the best of his knowledge and belief; and that the work will be perfo~ed in the m~ner~ct forth in the application filed therewith. Sworn to before me this .......... :... ~..: ...... day~~ ....... 19 · Nola~ Publio, State] of New York .......... ~,' Qualified in Su~otk ~ounW ~ " ~ [ g re o~ appucant) .~ Commission E~s May 22, '1 ~ TITLE NO. S-61524 NEW SUFFOLK AVENUE 25' m PECONIC BAY SURVEY FOR ARTHUR H. AXBERG, JR, MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. GUARANTEED TO~ SCALE: I"= 40' DEC. 15, 1967 HOME TITLE DIVISION, CHICAGO TITLE INSURANCE COMPANY. ARTHUR N. AXBERG, JR. LAND SURVEYOR NY.S. LIC. NO. 28725 RIVERHEAD~, N.Y. TOWH OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION OF BUII. DIblG IIqSPECFOR APPEAL NO. DATE 6/3/96 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTIIOLD, hi. Y. 1, (We) .Richmond S. Cg~w~D., .fr. of 2564 Forest Knoll blame al Appellant Street and I,lumber Annapolis MD 21401 ......................................................................................................................... HEREBY APPEAL TO Municipollly Stole TIlE ZONING BOARD OF APPEAI.S FROM 'rile DEClSlOiq OF THrz BUll. DING INSPECTOR ON APPLICATIObl FOR PERMIT NO.....2..3..3.~6-2. ..................... DA'rED ...... .A.~.~.J;.]:...5..~....];.?.?~ ...................... WHEREBY THE BUILDII"IG INSPEC-FOI1 JD.'~]~TcKKXi~ GRANTED TO ( ) ( ) (x) Arthur H. Axberg, Jr. Nome of AppJJcanl Jar permit of 1 Delaware Run Drive, Yardle~ PA 19067 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY BUILDING PERMIT FOR CONSTRUCTION OF "LOW PROFILE RETAINI,NG.WALL" I. LOCATION OF TI.IE PROPERTY 3705 Camp Mineol.a .Ro.a.d,. Matti~,u. ck., New..York Street /llal,let / Use District on Zoning Map District 1000 Sectton 123Block 5 Lot 34 ...................................................................... C.rrettt Ow.er Arthur N. Axberg, 3r. Map No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Arttcle Section, section and Paragraph of lhe Zoning Ordiaonce by number. Do not quote lhe Ordinance.) Article Sectlon see annexed Petition 3. TYPE OF APPEAL Appeal is ,,,ode herewHh lot (please check appropriate box) ( ) A VARIANCE Ia the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (Slate of New York Town Low Chap. 62. Co,s. Lo'ws Art, 16 Sec. 280A Subsection 3 (×) See annexed ~etitio~ 4. PREVIOUS APPEAL A previous appeal (~) (has hal) bee. mode wilh respect to Ibis decision 6f Ihe Building Inspector or wilJr respect lo Ii,is property. · Such appeal was ( ) request for o specfol permil { ) request far a variance and was made in Appeal No ................................. Doted ............................. ~ ........................................ - REASON FOR APPEAL ( ) A Variance 1o Secllon 280A SubseclJon 3 ( ) A Variance lo lhe Zoalr,g Ordinance (X) See annexed Petit~6n is requested for fha reason Ihot [~odn ZBI (Continae on olhel; side) R£ASON FOR APPEAL I. STRICT APPLICATION OF TIlE ORDIFIANCE would prod.ce practical difficulties or unneces- sar,/ HARDSI'IIP because 2. The hardship created is UNIQUE and is not si~ared by all properties alike In the Immediate vicinily of Ibis property and !n this use district because 3. The Variance would observ~ Ihe spirit of Ihe Ordinance end ~VOULD NOT CHANGE! THE CIIARACTER OF TI'IE DISTRICT because. STATE OF IqEW YORK ) ............................... '~ij;; ~'~'""~)' ....... . ................ cou. ¥ aP RICHMOND S. CORWIN, J ' ~ June Sworn ~o Ibis ................................ doy o ................. ~996. JOHN MAIll, IEW WAGNER NOTARY PUBLIC, State of New York No. 4873706 r~ssmefl f~xpifes ueptemDer '~, 7 · ! i~ ' ' ' ~~ ENERGY CODE COMPL -- . ~ J { { ' ~ ~ / r ~ -- -- -- ~ Constru~ion, equipment mate~als & installation to ~nfo~ ~t~"~ ~,, ~,~,<- ~,>,_,~,~ i , , ~ 4 I~ ~=~, ~,- / ''e New Vo~ State Enemy Conse~at,on Construct on ' ~*~ ~ ! ~/f~Vz~,~z,~"'c,~ ~/ bu~ldingenveopedesgnsha be no less than zero -~ Skylights I~ r ~- [x~ - ~ ~ ~'~ Floors r~ {~ o -~ '' { ~ ~ ~-~ To the best of by kn~ edge, belief and profe onal'udgm WITHOUTCFRTIFIC~T~ 1.41 ~1 ! ~ ur uubUrAlJbl I~{ { L~ I ~ ' -~ ',~ IP-] ' ~ ~ : ' ~ THE REQUIR~E~ /l~l ¢ t ,, , ~ ~.~ ,, _ _ ,,~ ~ _ __._ _,~ , _ . ,, , . EXCEED ..... , ,~. ,-.z-/-~x ~. ''~ ' ' : ':~' *- '~' ~ ~'" .'"" -, ~ , , , __,~_ ~' ~, .~ .~ *~ , , , ' -~,~,,~*,~,~ ~.,~ .~ __ ...... ' ~- ' ~.,._,, ~-,-~.~, ~.,.. "~,¢~':?~' - o ,:~,..~,,... .~ ,: . ~ ~ , , , ,~* ,~-- , ~ ,, .~ .... ~.~ ~. ,,¢, *~ ,. ~,~,~:~ .... , ,---.~ , ,_~¢, ,..~ ,- .,,,,.-~, ~,~¢- ..... ~--. ~ ~' pc. ~u.4~/,-~c~ ~<~LUO,, c.~ ¢~' ~' / ~T ~i~. ',,~.,) .,__ 7;_.'- ~.(~_.'f ~ ~ 1. Contra~or to veri~ all dime~sion~ in the field. The Contra~or is to nob~ 1 Cencrete strength: 2500 ps~ ~ 28 da~s. the Archdect of any ~nfl~ct or discrepancies on the Drawings and 2 Concrete footings to bear on undisturbed soil, min. ~aring 2 ton psf. Sp~i~tions. Btep footings at 1:2 ratio where required. ~ 2. Contractor is not to ox~ the minimum (existing) s~deyard setback 3. Boncrete shall not be plaid when air temperature is below 40 degr~s F. ~A~ 3. EXISTING CONDITIONS: To ~ removed - includes (but not limded to): 4. ~in{mum depth of footings to be ~~~ ~ wa(Isandpa~iti°ns'f°°fst~cture'firepla~withf°u~dati°~andchi~eY' 5' F oot,ngstepsto~l :2ratlowhererequir~. wood piem, doors and window, siding, finish materials, plumbing fi~u~s 6. ~ew foundation walls to be 8" thJck ~ured ~ncrete. and piping, water heater, and any item as sh~n on drawings or as ~ontracto~s option: 8" thick ~ncrete block foundation wa~ls, with ~uro-wall horizontal joint remfor~ment, eve~ thr~ ~umes. ~...~ requ~redRemoval from the site to ~ in a~ordan~ wffh all ~les and regulations 7. E~erior of foundation walls to ~ dampmofed with 1/8" thiGk asphalt of agencies and municipalities having jurisdi~ion ~ ~astic, from grade down to and over top of footing. 4 HOUSE ~ISING: the existing house is to be raised, with new ~nc. block 8. ~enor of expos~ foundation walls to have troweled on stu~ finish; ~u~o to ~nmst of Po~land cement, marble dust & wate~moflng agent. ~urses installed on ~isting foundation as shown on Drawings' 9. ~h~mneys to be brick, as ~l~ed by Owner. Chimneys to ~ step flashed ilto roof with lead ~ated ~pper and ~pp~ with ~ment wash. ~. ..... ~, ?.~' oo~. c~u~w *" ,, 4"¥ ~ I ~ -' ~ ' ' , .... , ,~~ ..... PROVIDE OPENINGS FOR ~'~ ~ :+~ -'" EMERGENCY ESCAPE AS N.Y. STATE BUILDING COl ,' . J PROVIDE OP,.[. I~NGS FOR EMEBGqKNI~¥mv" ~,SCAf-[-~ BEQUIKEp,B~Y P'~RT,~? 1.4 ,OF ~T IOt"q ' I"Z7 .. ~ ~ ~ ~ ~ ~ , ...................................................... PiLE 3 SEAWARD COURT COLD SPRING HARBOR, N.Y. 11724 PROJECT: SCALE: ~/~" = I'- ~" JOHN D. HALAJIAN, P.E. CONSULTING ENGINEEFI JOHN D. HAfAJIAN, P.E. CONSULTING ENGINEER 3 sEAWARD COURT COLD SPRING HARBOR, N.Y. 11724 HELICAL PILE SPECIFICATIONS NOTES: I. Construction Procedure: a) Raise existing house a vertical distance of 5 feet. h) Complete msta]lanon of piles, grade beams and headers as per plans and specs. c) Lower house a vertical distance of 3 feet after allowing grade beam and sonombe concrete to cure for a period of 3 weekS minimum. 2. Use 3000 psi concrete for grade beams and sonotubes. 3. Pile and sonotobe spacing may be revised depending on field conditions, subject to Engineer's approval. 4. Contractor has to determine in the field exact height of sonotubas (above grade beam) depending on the vertical position of joist and/or girders, as the case may be. 5. The 3-2x10 header members are to be nailed with 10 penny galvanized nails @ 12" o.c. vertically staggered on both sides. 6. It Is certified that the breakaway walls around the existing house (Section A-A) and the proposed extension (View D-D) are o.b~ ~ brec~tt~a lateral load of 20 psf. . - OUANTITY ESTIMATE 1) 1.5"xl.5' shaft pdes with 10" & 12" diameter helices: I9. Esumated pile footage @ 18 ft average pile depth = 19 x 18 = 342 ft. 2) 6" x 6" x 0.5" steel plate Hi- Hat pile caps: 19. 3) 3000 psi grade beam and sonotube concrete: 16 C.Y, 4) 10" Dia. Sonotobe: 110 ft. 5) Steel Rebars: No. 4: 1S00 linear feet. No. 3: 750 linear feet. -- 6) 2x10 CCA Header Lumber: 900 bd. ft. 7) 5"x6"xB"x.1.25" galvanized Header-to-Sonotobe U-shaped anchor brackets: 23 8) Misc. anchor bolts & galvanized lag screw hardware. JOHN D. HALAJIAN, P.E. 3 S~WARD COURT COLD SPRING HARSOR, N-Y-11724 PROJECT.' ,~"/~',',',',',',',',','~.l:~,.~ '[;~.,~.-'~'~P~--~ ~.,,~-