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FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No 2-24757 Date NOVEMBER 20, 1996
THIS CERTIFIES that the building ADDITION
Location of Property 385 HAYWATERS DRIVE CUTCHOGUE, N.Y.
House No. Street Hamlet
County Tax Map No. 1000 Section 104 Block 5 Lot 25
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated NOVEMBER 19, 1993 pursuant to which
Building Permit No. 21817-Z dated DECEMBER 4, 1993
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 REAR DECK ADDITION TO EXISTING ONE FAMILY DWELLING AS
APPLIED FOR.
The certificate is issued to JAMES E. FITZGERALD, JR.
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
Q4& MZC2
Building Inspec r
Rev. 1/81
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED) 2
Date ...............f..../.... 19... j 1..
N2 21817 Z
Permission Is hereby granted to:
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'r to.....C'c~9n/S3iE~t.GL-.......... el......~~Ccam..../...................
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at premises located at ................J--o
County Tax Map No. 1000 Section Block Lot No. Y..
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pursuant to application dated .................../Z1./...................... 19....../..J.., and approved by the
j Building Inspector.
f
f Fee$.,..'7`S6 V
i ~ Building inspector
Rev. 6/30/80
Form No. 6
TOWN OF SOUTHOLD
BUILDING DEPART_:"FNT
TOW NP FALL
765-1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
A. 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 supDly and sewerage-disposal(S-° 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 17, lead.
5. Commercial building, industrial building, multiple residences and similar buildings
and installations, a certificate of Code Compliance from architect or engineer
responsible for the building.
6. Submit Planning Board Approval of completed site plan requirements.
B. For existing buildings (prior to April 1057) non-conforming uses, or buildings and
11pre-existing" land uses:
1. Accurate survey of property showing all property lines, streets, building and
unusual natural or topographic features.
2. A properly completed application and a consent to inspect signed by the applicant.
If a Certificate of Occupancy is denied, the Building inspector shall state the
reasons therefor in writing to the applicant.
Fees
1. Certificate of Occupancy - New dwelling 525.00, Additions to dwelling 525.00,
Alterations to dwelling $25.00, Swimming pool 525.00, Accessory building $25.00,
Additions to accessory building $25.00. Businesses $50.00.
2. Certificate of Occupancy on Pre-existing Buildin¢ - 5100.00
3. Copy of Certificate of Occupancy - $20.00
4. Updated Certificate of Occupancy - $50.00
5. Temporary Certificate of Occupancy - Residential 515.00, Commercial S15.00
Date ..No7.15x..1996
New Construction..... X.... Old Or Pre-existing Building
vocation of Property ...385..Haywaterig. •Drive,•Cutchogue
House No. Street Hamlet
Onwer or Owners of Property ...Jamea E. Fitzgerald, Jr.
County Tax Map No 1000, Section 1 04...... Block... t...........Lot..2.5
Subdivision ....................................Filed Mai) Lot
'ermit No...21817Z...... Date Of Permit.l2/41.93...... Applicant.4AQM-B.... Fitzgerald , -Jr.
Health Dept. Approval ........N~ ..............Underwriters -Approval X/.A.........
" inning Board Approval ......N~A
Request for: Temporary Certificate........... Final Cer icate .X
=ee Submitted: 5... 25.00 _
l~ d W~J . .e............ .
APP :
Proper-T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516)734-5800
November 15, 1996
`Y
Senior Building Inspector
Building Department
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Certificates of Occupancy; James E. Fitzgerald, Jr., SCTM #1000-104-5-25
Dear Sir:
Attached are two completed Applications for Certificates of Occupancy for the two newly con-
structed decks on my property at 385 Haywaters Drive, Cutchogue.
Also enclosed are two checks, each in the amount of $25, the fees for the Certificates.
If you will call me when the C/O's are ready, I will pick them up at your office.
Sincerely,
a es E. Fitzger , Jr.
a subsidiary of
THE PECONIC EASTERN CORPORATION
o~OgOFFO(,~cQ
o~ Gym
H x
Town Hall, 53095 Main Road p • Fax (516) 765-1823
P. 0. Box 91971 Telephone (516) 765-1802
Southold, NewYork 11971
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
January 31, 1996
Mr. James Fitzgerald
P.O. Box 791
Cutchogue, NY 11935
To Whom This may concern:
We are unable to complete your Certificate of Occupancy
because of the following reasons:
xx Application's for Certificate of Occupancies are
not on file. (Enclosed)
No Underwriters Certificate on file.
xx The check's are not on file. $25.00 each.
No Health Department Approval on file.
No final inspection has been made.
No Plumber Solder Certificate on file.
(All permits involving plumbing being
issued after April 1, 1984).
BUILDING PERMIT # 18661-Z & 21817-Z
Please contact our office on this matter. Thank you for
cooperation.
SOUTHOLD TOWN BUILDING DEPT.
s - SLge 2 - Appl. No. 4178
Degision Rendered July 22, 1993
Southold Town Board of Appeals
3. Also, the subject premises is a corner lot with
frontage along two streets (two front yards) and is improved
with a single-family, one-story dwelling.
4. For the record, it is noted that the small accessory
shed shown on the sketch is not the subject of this variance
application for the reason that applicant is proposing the
locate the shed in the required rear yard at a minimum setback
of five feet from the property lines.
5. In considering this application, the Board also finds
and determines:
a) there is no detriment to the health, safety, or
welfare of the community, and the benefit afforded to applicant
is not unreasonable;
b) the relief requested will not have an adverse
effect or impact on the physical or environmental conditions in
the neighborhood or district;
c) the grant of this variance is strictly for a
reduction of the rear yard setback for a proposed open deck
which will not cause an adverse effect on available governmental
facilities;
d) there is no other alternative feasible for
appellants to pursue due to the nature of the remaining yard
areas and the configuration of this parcel;
e) the relief requested will not adversely impact the
essential character of the neighborhood;
f) the relief requested is substantial in relation to
requirements;
g) in view of the manner in which the difficulties
arose, and in considering all the above factors, the interests
of justice will be served by granting the variance, as
conditionally noted below.
Accordingly, on motion by chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to APPROVE a rear yard setback at 17'6" as
requested for a new open deck addition at the rear of the
existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS:
A) the deck remain open, unenclosed, and unroofed;
Page 3 - Appl. No. 4178
Decision Rendered'July 22, 1993
Southold Town Board of Appeals
B) there be no light which will glare onto neighboring
areas;
C) the accessory shed building shown as a proposal on the
sketch shall be located in the required rear yard and shall meet
the minimum setbacks from all property lines (presently five
feet minimum instead of the three feet shown).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
GERARD P. GOEHRINGER, PRAI50i
. f... w., _ ,.aka. ~.-,~,-'+a
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Town Hall, 53095 Main Road p Fax (516) 765-1823
P. 0. Box 91971 Telephone (516) 765-1802
Southold, NewYork 11971
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
January 6, 1996
Mr. James Fitzgerald
P.O. Box 791
Cutchogue, NY 11935
Re: Building Permit #21817-Z
Premises: 50 Oak Drive, Cutchogue
Suff. Co. Tax Map #1000-104-5-25
During a review of our files it was noted that the above
building permit has expired, and a Certificate of Occupancy has
never been issued.
According to the Code of the Town of Southold, Article
XXVIII 100-284, it is unlawful to occupy or use a structure
until a Certificate of Occupancy has been issued.
Please contact this office as soon as possible so that we
may clear up this matter.
Thank you for your cooperation in this matter.
Very truly yours,
SOUTHOLD TOWN BUILDING DEPT.
• ~g~FFO(~-c
APPEALS BOARD MEMBERS ~~0~ OGy SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman CA x
Serge Doyen, Jr. p Town Hall, 53095 Main Road
James Dinizio, Jr. '1' p! P.O. Box 1179
Robert A. Villa Southold, New York 11971
Richard C. Wilton Fax (516) 765-1823
Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800
TOWN OF SOUTHOLD
July 28, 1993 FCV4
J& FT~~ 199.E
Mr. and Mrs. James Fitzgerald FRq~4
Haywaters and Oak Drive
P.O. Box 791
Cutchogue, NY 11935-0791
Re: Appl. No. 4178 - Variance for Open Deck Addition
Dear Mr. Fitzgerald:
Enclosed please find a copy of the findings and
determination rendered by the Board of Appeals at our July 22,
1993 Regular Meeting.
Please be sure to return to the Town Building Department
for issuance of final permits and approvals before commencing
construction activities.
We have furnished copies of this approval to the Building
Department for their update and permanent recordkeeping
concerning the issuance of the June 21, 1993 Notice of
Disapproval. Also, since this project is located at or near 500
feet of the shoreline of Haywaters Cove, a copy of this file has
been referred to the Suffolk County Department of Planning in
accordance with the rules and requirements of the Suffolk County
Administrative code pertaining to variance projects.
Very truly yours,
~
Linda Kowalski
Enclosure
Copies of Decision to:
Building Department
Suffolk County Department of Planning
APPEALS BOARD MEMBERS SCOTT L. HARRIS
Supervisor
;C
Gerard P. Goehringer, Chairman
Serge Doyen, Jr. { S Town Hall, 53095 Main Road
James Dinizio, Jr. YAA `"°a O~ P.O. Box 1179
Robert A. Villa Southold, New York 11971
Richard C. Wiltony Fax (516) 765-1823
Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800
TOWN OF SOUTHOLD
Application No. 4178.
ACTION OF THE BOARD OF APPEALS
Application of JAMES AND DOROTHY FITZGERALD. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B (schedule
pertaining to nonconforming lots) for permission to construct
open deck addition with an insufficient rear yard setback.
Property Location: Southwest Corner - Intersection of Oak Drive
and Haywaters Drive, Cutchogue; County Tax Map Parcel No. 1000-
104-5-25. This size of this parcel is nonconforming at 19,602+-
sq. ft. in this R-40 Zone District.
WHEREAS, this appeal application was filed on July 11, 1993
concerning the June 21, 1993 Notice of Disapproval issued by the
Building Inspector; and
WHEREAS, after due notice, a public hearing was held on
July 22, 1993, and all those who desired to be heard were heard
and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application (no
opposition); and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application requesting a reduction of the
rear yard setback from the required 35 feet to 17-1/2 feet, at
its closest point, to the rear (easterly) property line for a
` new open deck addition. The proposed deck addition is shown to
extend 2516" from the rear wall of the existing dwelling at its
deepest angle and 28 feet at its widest angle, all as shown on
the sketch submitted with the application.
2. This parcel is nonconforming as to lot area containing
a total of 19,602+- square feet in this R-40 Low-Density
Residential Zone District.
Page 2 - Appl. No. 4178
Decision Rendered July 22, 1993
Southoid Town Board of Appeals
3. Also, the subject premises is a corner lot with
frontage along two streets (two front yards) and is improved
with a single-family, one-story dwelling.
4. For the record, it is noted that the small accessory
shed shown on the sketch is not the subject of this variance
application for the reason that applicant is proposing the
locate the shed in the required rear yard at a minimum setback
of five feet from the property lines.
5. In considering this application, the Board also finds
and determines:
a) there is no detriment to the health, safety, or
welfare of the community, and the benefit afforded to applicant
is not unreasonable;
b) the relief requested will not have an adverse
effect or impact on the physical or environmental conditions in
the neighborhood or district;
c) the grant of this variance is strictly for a
reduction of the rear yard setback for a proposed open deck
which will not cause an adverse effect on available governmental
facilities;
d) there is no other alternative feasible for
appellants to pursue due to the nature of the remaining yard
areas and the configuration of this parcel;
e) the relief requested will not adversely impact the
essential character of the neighborhood;
f) the relief requested is substantial in relation to
requirements;
g) in view of the manner in which the difficulties
arose, and in considering all the above factors, the interests
of justice will be served by granting the variance, as
conditionally noted below.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to APPROVE a rear yard setback at 1716" as
requested for a new open deck addition at the rear of the
existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS:
A) the deck remain open, unenclosed, and unroofed;
Page 3 - Appl. No. 4178
D(-Cision Rendered'July 22, 1993
Southoid Town Board of Appeals
B) there be no light which will glare onto neighboring
areas;
C) the accessory shed building shown as a proposal on the
sketch shall be located in the required rear yard and shall meet
the minimum setbacks from all property lines (presently five
feet minimum instead of the three feet shown).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This'resolution was duly adopted.
GERARD P. GOERRINGER, (P AIRMAN
a y
765.1802
BUILDING DEPT.
INSPECTION
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[ ] FOUNDATION 2ND [ ] INSULATION
[ ] FRAMING ]FINAL
[ ] FIREPLACCEE~& CHIMN
REMARKS: oz `j am
DATE llgAlpl INSPECTOR
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BOARD OF HEALTH
FORM N0.1 3 SETS OF PLANS
TOWN OF SOUTHOLD SURVEY
BUILDING DEPARTMENT CHECK
TOWN HALL SEPTIC FORM
SOUTHOLD, N.Y. 11971
TEL.: 765-1802 tiOTIFY: -7 y~
CALL ?,s.. .
Examined ( (3
. 19... MAIL TO:
Approved 10. Permit No. .
Disapproved a/c
.~4i
(
il g~Inspector) g" APPLICATION FOR BUILDING PERMIT
Date . November 18 . , 193.
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 a 'cable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for remova a lition, as herein described.
The applicant agrees to comply with all applicable laws, ordinanc u' g code, o r ode and r a i ns, and to
admit authorized inspectors on premises and in building for necessa at
.
(S' n ture of applica r name, if a orporation)
ox 9
..7.1
. a. C Mgue.,. ?`Y. !A935
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
,.,,.,Applicant„is.the, owner.
Name of owner of premises James, A...Fitzgerald; Jr.
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
I~/A
(Name and title of corporate officer)
Builder's License No.
Plumber's License No. , N/A
Electrician's License No. N/A
Other Trade's License No. N/A
I. Location of land on which proposed work will be done .
385 Haywaters Driver Cutchogue
House Number Street Hamlet
County Tax Map No. 1000 Section ; ,104. , , , , . , , , , Block Lot 25
Subdivision Filed Map No. Lot...............
(Name) ,
2: State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy Privat.e. residenc.e
b. Intended use and occupancy Private residence ,
3. Nature of work (check which applicable): New Building Addition X..... Alteration
Repair Removal . . .
Demolition Other Work
4. Estimated Cost $5.QQQ . (Description)
Fee..... $?5..............................
5. If dwelling, number of dwelling units .....One (to be paid on filing this application)
If garage, number of cars , . N(A ' ' ' ' • • . • Number of dwelling units on each floor One • • • • . .
6. If business, commercial or mixed occupancy, specify,pjtpre and extent of eachipe of use N%A
7. Dimensions of existing structures, if any: Front
Height ' Rear Depth...............
20 • • AQ t Number of Stories QAq
Dimensions of same structure with alterations or additions: Front 71 ' Rear . . ....,7, 1,!
Depth -61 Height .......?Q1: est Number of Stories ....One
8. Dimensions of entire new construction: Front • • • . Rear
" Depth ?9,.7 0i•! .
Height i Number of Stories .
9. Size of lot: Front Rear . 1.3.4.± Depth
10. Date of Purchase ~8 21 81
' ' • • • • •is • . • • • • • Name of Former Owner r~gllu1tk12 SS.......... .
11. Zone or use district in which premises are situated R-40
12. Does proposed construction violate any zoning law, ordinance or regulation: . YeEi see •varianee attached
No
13. Will lot be regraded . Will excess fill be removed from premises: N/A ,Yes No
14. Name of Owner of premises . See ,above . . . . .
Name of Architect Address Phone No............:.. .
. Address Phone No..........:.:
Name of Contractor plantings .By. Sea Cox La Cut. .c. .
15. Is this property within 300 feet of • a • • • • •tidal Address wetland es.. h Phone ....734'6755,. ,
'
*If yes, Southold Town Trustees Permit may be required, No.........
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
Attached: Plot plan
Survey (copy)
Construction details
ZBA Variance, #4178
PROJECT: Construct-wood deck attached to existing house; deck
to be approx 241-10i" x 281-6" overall, irregular shape;
approx 620 sq ft; less than 18" above grade throughout.
STATE OF NEW uffolk S.S
COUNTY OF .
, , , , • , • . James E. Fitzgerald,,. ,Jr., _ . • , , ; being duly sworn, deposes and says that he is the applicant
(Name of individual signing contract)
above named.
He is the owner
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
nineteenth November
day of 119 93 / .
Votary Public, C
County
.JANE R. MINERVA / .
NOTARY PUBLIC, State of New York
No. 4853108, Suffolk County i (Signature of pplicant) .
Commission Expires February 18, q ll"
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