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Home My WebLink About48354-Z �OS�EF�tco Town of Southold 8/17/2023 o P.O.Box 1179 C4 _ F� 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 44471 Date: 8/17/2023 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 405 Birch Ln.,Cutchogue SCTM#: 473889 Sec/Block/Lot: 83.-1-28 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/15/2022 pursuant to which Building Permit No. 48354 dated 9/30/2022 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: accessory in-ground swimming pool fenced to code as applied for. The certificate is issued to Smith JB Trust ' of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 48354 1/20/2023 PLUMBERS CERTIFICATION DATED 0 �\ �\ A t 'zed ature -' TOWN OF SOUTHOLD �SUFFotK�o�y' BUILDING DEPARTMENT moo C, z , TOWN CLERK'S OFFICE o • SOUTHOLD, NY 0 BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 48354 Date: 9/30/2022 Permission is hereby granted to: Smith, Jonathan 405 Birch Ln Cutchogue, NY 11935 To: construct accessory in-ground swimming pool as applied for. At premises located at: 405 Birch Ln., Cutchogue SCTM # 473889 Sec/Block/Lot# 83.-1-28 Pursuant to application dated 8/15/2022 and approved by the Building Inspector. To expire on 3/31/2024. Fees: SWIMMING POOLS-IN-GROUND WITH FENCE ENCLOSURE $250.00 CO- SWIMMING POOL $50.00 Total: $300.00 Building Inspector pF SO!/j�01 � o Town Hall Annex Telephone(631)765-1802 54375 Main Road P.O.Box 1179 sean.devlin(Dtown.southold.ny.us Southold,NY 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD CERTIFICATE OF ELECTRICAL COMPLIANCE SITE LOCATION Issued To: Smith JB Trust Address: 405 Birch Ln city:Cutchogue st: NY zip: 11935 Building Permit#: 48354 Section: 83 Block: 1 Lot: 28 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: Electrician: Bethel Electric License No: 40557ME SITE DETAILS Office Use Only Residential X Indoor Basement Service Commerical Outdoor X 1st'Floor Pool X New X Renovation 2nd Floor Hot Tub Addition Survey Attic Garage INVENTORY Service 1 ph Heat Duplec Recpt Ceiling Fixtures Bath Exhaust Fan Service 3 ph Hot Water GFCI Recpt 1 Wall Fixtures Smoke Detectors Main Panel A/C Condenser Single Recpt Recessed Fixtures CO2 Detectors Sub Panel A/C Blower Range Recpt Ceiling Fan Combo Smoke/CO Transfer Switch UC Lights Dryer Recpt Emergency Strobe Heat Detectors Disconnect Switches 2 4'LED Exit Fixtures Sump Pump Other Equipment: Intermatic Pool Panel 8 Circuit/ 3 Used, Timeclock, Pump 220GFI, Heater, Salt Gene 1 Light 120GFI Notes: Pool r Inspector Signature: Date: January 20, 2023 S.Devlin-Cert Electrical Compliance Form ��y OF SO(¢h°� V! v # # TOWN OF SOUTHOLD BUILDING DEPT. °`ycou631-765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] RO GH PLBG. [ ] FOUNDATION 2ND [ ] SULAT N/ HULKING [ ] FRAMING /STRAPPING [ FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] PRE C/O [ ]' .RENTAL REMARKS: DATE INSPECT 0 # TOWN OF SOUTHOLD BUILDING DEPT. couKr+��'' 631-765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] SULATION/CAULKING [ ] FRAMING /STRAPPING [ FINALf�w� [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] PRE C/O [n ] RENTAL el-_ REMARKS.: t V I7,d2tl— 9NW& 2- �• DATE INSPECTOR SOUIyo� r : � 4 # # TOWN OF SOUTHOLD BUILDING DEPT. coutm, 631-765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION/CAULKING [ ] FRAMING /STRAPPING [ ] FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] PRE C/O [ ] RENTAL REMARKS: of 4""' AJ-Pelt-- KZ,& 0 DATE Z(3 INSPECTOR FIELD INSPECTION REPORT I DATE COMMENTS 00 !/J FOUNDATION(1ST) (^ y c- -------------------------------------- H FOUNDATION(2ND) � �O 00 (n 1.n1 c I ROUGH FRAMING& PLUMBING S INSULATION PER N.Y. STATE ENERGY CODE S O bow— IYu/�►J � y� 0 FINAL ADDITIONAL COMMENTS V 246e? � sZ c.X lb b u► N O s z x by � d b H r 1 L. •rc� , ' r�6;FfQ;K TOWN OVSOUTHOLD—BUILDING DEPARTNIENT H x Town hall Annex 54375 Main Road P. 0. Box 1179 Southold,NY 11971-0959 Telephone(631) 765-1802 Fax (631) 765-9502 htti)s://wwNv.sotitholdtownnycov Date Received APPLICATION FOR BUILDING PERMIT Fo office Use Only PERMIT N0. Building Inspector: AUG 15 2022 ;rYn.�7¢i'"' a=1i.�.'•w.=i:' �` „'Sz>: :?h(.:-�,:a�,itns- - _ ,^i=" _ —z ,,taO�_:p.p'lI;l,cr.,a.-"t>s io�s_;w''.;ill,.ii,nz,oatfi`•ob'en-'a>cuicept�e�d;�::�uh�l..sh,�`re",:�"�`rse•ya`,f.r li�e:�:ArLr'.x^:p:;>�p:l.i<c7�',at.n,:-t•�is_-n''.7(w4,on4.i,tti;`t°,F;.i:e�`r`o:�..Iin,rn'e�,=a;�n.:f�-,.,�, BUILDING nsnd TOWN OF SOUTH,s_;pp..A: _;r . ,ictioAutorvne form`(Page:21`shall be co''inplete"d,'>:;`i'`?'s.R;"'''' Date: Z 1� r. •rr. rAl ERS R Yid. l_l: Name SCTM#1000- I Project Address: Phone#; Email: Mailing Address [ N -- Name: Mailing Address: Phone#: I I/ _._. Email: ^ y ;' .11 0 5 GN F� �-OiVAI'IN R A E I P U E551 R - - • ( A t Mailing Address: (/j _ I Phone#: ORM TIOu _ - �fi�IfVF A IV� -'COjNTRACTO - - y Name _.v.- — - . ..._. ..._.. . _.. .. ......:. ... Mailing Address: Phone#: 11 II'' Email: I 'tom. -7. - - e:l� :��:�•i,:rk;:' l - 'li Q `Or -CONSTRUCTIO .DESCRIPT.I N F:PR i ❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: Other $ D - Will the lot be re-graded? []Yes Will excess fill be removed from premises? es ONO 1 ' PROPERTY INFORMATION Existing use of property: Intended use of property: Zone or use district in which premises is situated: Are there any kvenants and restrictions with respect to this property? es ENO IF YES, PROVIDE A COPY ❑ Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code. 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,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises-and in building(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted B int nal .� ` ❑Authorized Agent Owner _...__.__...._ _.. ._.. .._.. . .......M.. ..--_.__.._. ., _...__.__,...._................__.._ _..._...__._. _...___._ ...__._...._._.. ..... ...._. �_. Signature of Applicant: Date: --7 2hh STATE OF NEW YORK) SS: COUN ) �JM 41t!Q,IA O v� being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)he is the (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/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this - - hA�ay of A , llotary Public �:tiQ �a k ••.•O m;o �� = PROPERTY OWNER AUTHORIZATION y:z o 1koo �? Z Z (Where the applicant is not the owner) I /�••� .I 1 \` r' ' esidin at g do hereby authorize to apply on)k my beha to a Town of Southold Building Department for approval as described here' . n 's gnature Date Print Owner's Name 2 BUILDING DEPARTMENT-Electrical Inspector TOWN OF SOUTHOLD Town Hall Annex- 54375 Main.Road - PO Box 1179 NOV2, 2 2022 o Southold, New York 11971-0959 Telephone (631) 765-1802 - FAX (631) 765-9502 ti roc�err southoldtownny_aov seand(a�southoldtownny.gov APPLICATION FOR ELECTRICAL INSPECTION ELECTRICIAN INFORMATION (All Information Required) Date: I li Company Name: Bethel Electrical Contracting, Ltd. Electrician's Name: viateur Pilon License No.: ME-40557 Elec. email: Bethelec@optonline.net Elec. Phone No: 631-750-6555 ❑✓ I request an email copy of Certificate of Compliance Elec. Address.: 1337-8 Lincoln Avenue Holbrook, NY 11741 JOS SITE INFORMATION (All Information Required) Name: -:Y0•Nj 1� )-CPN a- DOR) M j . Address: ZT0> I s L(AA49- ' Qc N., Cross Street: t>iA Pooo,'A Phone No.: L,I Z- 'fes -Z4-- Bldg.Permit#: G 4-- email:— Dot A-- q54-- k� r,�oV . Tax Map District: 1000 Section. Block: 1 Lot: -Z, BRIEF DESCRIPTION OF WORK, INCLUDE SQUARE FOOTAGE (Please Print Clearly): Swimming Pool Wiring Square Footage: Circle All That Apply: Is job ready for inspection?: YES L__.J NO ❑Rough In Final Do you need a Temp Certificate?: ❑ YES 0 NO Issued On Temp Information: (All information required) Service Size❑1 Ph❑3 Ph Size: A #Meters Old Meter# [-]New Service❑Fire Reconnect❑Flood Reconnect❑Service Reconnect❑Underground❑Overhead # Underground Laterals 1 2 H Frame Pole Work done on Service? Y N Additional Information: PAYMENT DUE WITH APPLICATIONC-)3)I 1 Q�M4 [J�aG� �7 �,, �rwt'�-- 72��v a�'� %�'c F W4,C BUILDING DEPARTMENT- Electrical Inspector TOWN OF SOUTHOLD ' o Town Hall Annex- 54375 Main Road - PO Box 1179 NOV 2 22022 Southold, New York 11971-0959 ® Telephone (631) 765-1802 - FAX (631) 765-9502 rogerrCcDsoutholdtownny_,gov — seanda-southoldtownny.gov APPLICATION FOR ELECTRICAL INSPECTION ELECTRICIAN INFORMATION (All Information Required) Date: 1 1 I I X21 Company Name: Bethel Electrical Contracting, Ltd. Electrician's Name: Viateur Pilon License No.: ME-40557 Elec. email: Bethelec@optonline.net Elec. Phone No: 631-750-6555 [ I request an email copy of Certificate of Compliance Elec. Address.: 1337-8 Lincoln Avenue Holbrook, NY 11741 JOE SITE INFORMATION (All Information Required) Name: Aj�N d— DORI S . Address: U> E>ilre LGI44?— C e Cross Street: OA a ZQ Phone No.: q_I-Z_— Z_0 24-- BIdg.Permit#: ) E email: I)i r 93�' • Meti • ' �^ Tax Map District: 1000 Section: 6 Block: Lot: BRIEF DESCRIPTION OF WORK, INCLUDE SQUARE FOOTAGE (Please Print Clearly): Swimming Pool Wiring Square Footage: Circle All That Apply: Is job ready for inspection?: YES ❑ NO Rough In Final Do you need a Temp Certificate?: ❑ YES ✓0 NO Issued On Temp Information: (All information required) Service Size❑1 PhF—]3 Ph Size: A # Meters Old Meter# ❑New Service❑Fire Reconnect❑Flood Reconnect❑Service Reconnect[]Underground❑Overhead # Underground Laterals 1 2 H Frame Pole Work done on Service? Y N Additional Information: PAYMENT DUE WITH APPLICATION IT a 1 1 Birch Hills Property Owners Association Birch Lane Cutchogue, NY 11935 July 15,2020 Jonathan Smith and Doris Garcia-Smith 405 Birch Lane Cutchogue, NY 11935 Dear Jonathan and Doris, , Thank you for submitting your plans and proposal to build an inground pool and spa in the back, yard of your property located at 405 Birch Lane.The BHPOA Board of Directors has reviewed the documents,received July 12,2020,and has determined that your plans meet Southold Town and Suffolk County requirements.The Board of Directors has unanimously approved your plans and proposal. We are delighted with the thoughtful work you have done to improve your property.It lifts the spirit and value of the entire BHPOA community. Thank you for being great neighbors and contributors.We wish you the best of luck with your efforts.Please let us know if you have any questions or require further assistance.Enjoy the rest of your summer, Kind regards, Stephanie Sack 'Pr ident, BHPO Dr.Joseph Casarona Vice President, BHPOA Nunemaker, Amanda From: Eve Millner <Eve@SwimKing.com> Sent: Wednesday, September 28, 2022 3:15 PM To: Nunemaker,Amanda Subject: Re:405 Birch Ln Cutchogue Flush on grade Sent from my iPhone On Sep 28, 2022, at 2:53 PM, Nunemaker,Amanda <Amanda.Nunemaker@town.southold.ny.us>wrote: Hi Eve, I am reviewing the proposed swimming pool application for the Smith residence. The survey that has been submitted shows a rear deck off of the house, however,that deck has been removed and replaced with a patio. Is this patio flush with the grade or raised? Amanda Xunemaker Building Permits Examiner Southold Town Hall Building Department 631-765-1802 i S.C.T.M. NO. DISTRICT: 1000 SECTION: 83 BLOCK: I LOT(S):28 MON. .r N� LOT 12 0' OD. � L� j�i / +*'�_1+QO Rk pO mud ff. • 0 . �, �!► '�� 94i .h MON. — ` R¢125. �O. LOT 13 T ca ANDF/F �.o' t.� �6• 30.1' w ENICAY 1.a'N � fR1i. � SH rye. O 0 LOT 14 LANDOFN/F 1 Da$ BIGCANE Vol. p SC 4 rn _H LAND N/F BIGGANE �11p D / cl 1HE WATER SUPPLY. WLLSr DRYWELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM'MD OBSERVATIONS AND OR DATA OBTAINED FROM 07HERS 4REA: 30,504.17 SQ.FT. or 0.70 ACRES ELEVATION DATUM: UNAUTHORIZED AL.TERA17ON:OR ADDITION. TO 7HIS SURVEY IS-A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF 7NIS SURVEY MAP NOT BEARING 7HE.LAND SURVEYOR:SXMBOSSED. SEAL SHALL.NOT BE'CONSIDEREO TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY T0. THE'PERSON FOR.- WHOM 7HE SURVEY 1S.-PREPARED AND ON. HIS` BEHALF TO THE Ina COMPANY. GOVERNMENTAL AGENCY AND LENDING INS777UI70N LISTED HEREON,' AND TO THE ASSIGNEES'OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSE7S OR DIMENSIONS..SHOWN.HEREON FROM' THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO�MONUMENT THE PROPER7Y;LINES'OR TO GUIDE IHE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES. RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOT 13 CERTIFIED TO: JONATHAN B. SMITH, MAP OF: BIRCH. HILLS FIDELITY NATIONAL TITLE INSURANCE COMPANY; FILED: JULY 19, 1967 No.4908 SITUATED AT: CUTCHOGUE rowN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Box 153 Aquebogue, New- York 11931 TLE 17-96 SCALE: 1 =30' DATE:JUNE 26, 2017 PHONE (831)298-1588 FAX (831) 298-1588' N.Y.S. L1SC. NO. 050882 maintalalna We reco►de of Robed 1 Aenaeaas.8 Benne t� q.,"�i`v::+�C}'�i'tyM�'"`,'.'^'«• !n'.awa,hax„H+mrcxsvar..raxr,...,,.r..,M..�w<..an..•wwkrsrn ra nr+€wn e'eFibY�,4�iAPT.':Grp.E6' f�Cv.Bi�P'v,�.+s`icT'+r'fi.'�tC7J'�w1 ��- .^ umr".Sty^, Nom,w., s R7�d��.R':&�'s.;tiw'd�.%',lfaLiax'e Si .�J.L.w�SFb'r.+ Ar�S�a��i'ne'�,mttrSaub"•b'.W�Ta.'m��vw.cau>ufoiM�;#a�i AGREEMENT AMENDING DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 29th day of August, 2008 by Birch Hills Property Owners Association, Inc. , a New York corporation, with office and principal place of business at 255 Glen Court, Cutchogue, New York 11935, hereinafter called the Declarant. WHEREAS, the Declarant and its predecessor in title, Birch Properties, Inc. as well as the lot owners have previously recorded the following covenants and restrictions in the Suffolk County Clerk's Office: July 26, 1967 and recorded on July 31, '1967 in Liber 6194 Page 197; September 7, 1967 and recorded on -December 20, 1967 in Liber 6276 Page 56; January 13, 1969 and recorded on January 21, 1969 in Liber 6493 Page 27; and November 11, 1979 and recorded on May 28, 1980 in Liber 8830 Page 07, affecting the following premises: ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, as shown on a certain map entitled "Map of Birch Hills at Cutchogue, Town of Southold, Suffolk County, New York", and filed in the office of the Clerk of- the County of Suffolk on July 19, 1967 as Map No. 4908 as follows: Birch Lane and Glen Court (SCTM #1000-83-1-37) Park and Playground (SCTM #1000-83-1-4) Lot No. 1 (SCTM #1000-83-1-36.1) Lot No. 2 (SCTM #1000-83-1-2) Lot No. 3 (SCTM #1000-83-1-3) Lot No. 4 (SCTM #1000-83-1-5) Lot No. 5 (SCTM #1000-83-1-20) Lot No. 6 (SCTM 41000-83-1-21) Lot No. 7 (SCTM #1000-83-1-22) Lot No. 8 (SCTM #1000-83-1-23) Lot No. 9 (SCTM #1000-83-1-24) Lot No. 10 (SCTM #1000-83-1-25) Lot No. 11 (SCTM #1000-83-1-26) Lot No. 12 (SCTM #1000-83-1-27) Lot No. 13 (SCTM #1000-83-1-28) Lot No. 14 (SCTM #1000-83-1-29) Lot No. 15 (SCTM #1000-83-1-30) Lot No. 16 (SCTM #1000-83-1-31) ; and WHEREAS, the Declarant, Birch Hills Property Owners Association, Inc. along with the lot owners desire to amend, modify and extend the aforesaid covenants and restrictions, as it affects the Lot Nos. 1 through 16, Birch Lane, Glen Court, and Park and Playground all as shown on the "Map of Birch Hills"; for a period of twenty (20) years and for successive ten (10) year periods thereafter commencing on September 14, 2008. WHEREAS, the Declarant desires to make this Declaration setting forth the above modifications and amendments to the previous reservations, restrictions, covenants and conditions and agreements affecting the property on the Map of Birch Hills. NOW, THEREFORE, in consideration of the premises and the agreements and consent of the majority of the owners of the lots on the "Map of Birch Hills", the Declarant hereby declares as follows: 1. The agreement amending the Declaration of Covenants and Restrictions November 11, 1979 and recorded in the Suffolk County Clerk's Office in Liber 8830 Page 07 is hereby amended, modified and extended to September 30, 2028 and for successive ten (10) year periods thereafter unless otherwise amended. 1 2. No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling, attached or detached garage, or accessory/storage building. A two story single-family dwelling shall contain finished habitable living space of not less than 1600 square feet above grade; and a one story single-family dwelling shall contain finished habitable living space of not less than 1300 square feet above grade exclusive of garages, open breezeways, porches or decks. 3. All single-family dwellings or accessory structures shall conform to the applicable New York State Building Code and the Zoning Code of the Town of Southold. 9. No single-family structure or accessory structure shall be erected or shall there be any exterior modification to any structure on any lot until the plans and the location of same have received prior written approval from the Declarant. 5. Any approval of plans required to be obtained from the Declarant shall be from its Board of Directors. On projects requiring approval, the lot owner shall submit two copies of the plans and proposed location of the project on the lot to the Board of Directors. Upon receipt of the plans, the Board of Directors shall review same and return to the lot owner a set of plans with the marked approval or disapproval thereon within thirty (30) days after they have been received. If not returned within the thirty (30) days, the plans shall be deemed approved. 6. No mobile type home, camper or tent shall be permanently allowed to be parked or erected on any lot regardless of its size. Tents for occasional social events are permitted on application to the Board of Directors. Play tents and recreational equipment for children are permitted on the side or rear yards. 7. Swimming pools may be constructed on any lot provided they are situated in the rear yard and are so screened as not to be visible from the street. Required pool fences shall not exceed four (9) feet in height. Prior to the construction of any swimming pool the plans for the location including the required fencing must be approved by the Declarant before construction. 8. No boat or boat trailer shall be stored on any lot unless garaged or suitably screened in the rear yard so they are not visible from the street. 9. No garbage or rubbish shall be dumped or allowed to remain on any lot. All garbage to be collected must be stored in closed containers. 10. Clothes lines or laundry poles must be located in the rear yard in such a location and suitably screened so as not to be visible from the street. 11. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot except for dogs, cats or other household pets provided they are not raised, bred or maintained for any commercial purposes. All pets must be housed in the main dwelling. 12. No activity shall be conducted-on any lot which would cause on a continuous basis a noxious noise, odor, dust, smoke, light or radio emissions which has the potential of causing an annoyance or nuisance to the neighborhood, in particular adjacent lots. 13. No signs other than an identifying name and house number sign of not larger than one square foot shall be placed or maintained on any lot. This restriction shall not prohibit the lot owner from placing temporarily on the lot a real estate "for sale" sign. 14. All lots shall be used only for residential purposes. Home occupations or activities may be practiced in accordance with the Southold Town Zoning Code within the premises, provided there are no more than two automobiles for clients or customers parked on the lot or in the road at any one time. 15. All lot owners, their guests and invitees, are, at their own risk, hereby granted an easement for the purpose of ingress and egress, in common with others, over the roads known as Birch Lane and Glen Court as shown on said map. All lot owners, their guests and invitees, are hereby granted the right to use, at their own risk (pursuant to reasonable regulations from time to time promulgated by the Declarant), in common with others, the Park and Playground areas as shown on said map. 16. The Declarant is responsible for the upkeep, maintenance and snowplowing of the roads, known as Birch Lane and Glen Court, and the Park and Playground areas, which includes the deck and stairs to the beach. 17. For the purposes of maintaining Birch Lane, Glen Court and the Park and Playground areas, and providing all community services as desired within the subdivision for the general use and benefit of all lot owners, each and every lot owner agrees to be a member and be subject to the obligations, bylaws, covenants and restrictions of the Birch Hills Property Owners Association. 18. The owners of each lot, regardless of number of owners, shall have one (1) vote per each lot owned, whether improved or unimproved. 19. Each lot on the Map of Birch Hills shall be subject to an annual maintenance charge in the amount to be fixed by a majority of the lot owners (9 votes) at the annual meeting of the Declarant. Such charges shall be determined on the presentation of a budget prepared by the Treasurer stating that such charges are to be devoted to the maintenance and improvement of the roads, Birch Lane and Glen Court, the Park and Playground and for other specific community purposes. A lot owner shall pay this charge to the Treasurer no later than 30 days after the conclusion of the annual meeting. 20. Special assessments may be levied at the annual or a special meeting by eleven lot owners (11 votes) in order to pay the costs of any extraordinary repairs or unforeseen conditions for the upkeep or maintenance of the roads and Park and Playground. The lot owners shall pay this assessment to the Treasurer, no later than forty-five (45) days after the approval of the special assessment by the lot owners. 21. The Declarant upon approval by the Board of Directors is authorized to bring any necessary legal action against a lot owner(s) for the collection of such maintenance charges, assessments, including attorney fees and court costs as well as for any enforcement of the covenants and restrictions. 3 22. The Declarant, its successors and/or assigns, with the agreement and consent of the majority of the lot owners (9 votes), may alter, modify, extend, terminate or annul any of these covenants and restrictions in whole or in part. 23. Invalidation of any of the aforesaid covenants and restrictions by judgment or a court of competent jurisdiction shall not affect any other provisions which remain in full force and effect. Failure to enforce any provision herein contained in any particular instance shall not be deemed a waiver of the right to do so as to any continuing or subsequent or other violation. 24. These covenants and restrictions shall run with the land and hereby bind and inure to the benefit of all lot owners, their successors and/or assigns to September 30, 2028; after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of the majority of the lots agree to change such covenants and restrictions. IN WITNESS WHEREOF, the Declarant has duly executed this declaration the day and year first above written after having received approval from the majority of the lot owners on the Map of Birch Hills at its annual meeting on September 14, 2008. BIRCH HILLS PROPERTY OWNERS ASSOOC/CIIATIION, INC. By(c+noCci1JOS�o Carolfn Lubanski, President Birch Lane and Glen Court SCTM #1000-83-1-37 Park and Playground SCTM #1000-83-1-4 Deed dated April 21, 1970 and recorded in the Suffolk County Clerk's Office in Liber 6739 Page 405 STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the f-� day of September, in the year 2008, before me, the undersigned, personally appeared CAROLYN LUBANSKI personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. V Notary Public RD"F.LARK N*IyPd c,MODMNWYolk NLWW 4VA•SW*Comy �hnB7 k431,906.2016 t 4 NOTES ENCLOSE POOL TO;COD.E�:� 1�n n n/7 !,`'� •'. ' 1. NO SOIL SURCHARGE .UPON CO;UIPLETIpOht N THIS POOL MEETS THE REQUIREMENTS OF AN51/APSP/ICC-5"AMERICAN NATIONAL STANDARD FOR RESIDENTIAL INGROUND SWIMMING POOLS"AND 1996 BOCA CODE-SECTION 421.DIVING EQUIPMENT 15 NOTALLOWED. AUG 1, 5 9n92 d` 9L r 10" 76, 10" 3. SWIMMING POOL SHALL BE COMPLETELYAND CONTINUOUSLY SURROUNDED WITH A BARRIER CONSTRUCTED IAW REQUIREMENTS OF SECTION R316.4.22.1 THROUGH R326.4.2.6 OF THE NEW YORK STATE RESIDENTIAL CODE(_'020)AND IN CONFORMITY WITH ALL SECTIONS Q OF THE SOUTHOLD TOWN CODE.DWELLING WALLCS)MAY SERVE A5 PART OF THE POOL BARRIER AS PER SECTION R326.4.2.8 AND TOBUILDING DEPT 2x6' CONDITION(1)ARE MET.OPERABLE WINDOWS IN THE WALLCS)VSEDASA BARRIER SHALL HAVEA SELF LATCHING DEVICEACCESS GATES OF SOUTFi�`D a BENCH SHALL COMPLY WITH SECTION 8326.5.2 OF THE NY5 RESIDENTIAL CODE(2020)AND BE SELF CLOSING,SELF LATCHING AND.BE SECURELY LOCKED WHEN POOL IS NOT IN USE OR SUPERVISED.ALL GATES ARE TO OPEN AWAY FROM THE POOL AREA. 00O 4. DURING CONSTRUCTION THE CONTRACTOR SHALL ERECTA TEMPORARY BARRIER AROUND THE EXCAVATION IAW THE CODE OF THE O ZZZZ 3-6' B_o. TOWN OF SOUTHOLD. d 0 P® A� Hzo m Hzo A 5. POOL MUST BE EQUIPPED WITH AN APPROVED POOL ALARM CAPABLE OF DETECTING ENTRY INTO THE WATER AND SOUNDING AN v 3 1 RO ED AS NO) ED j AUDIBLEALARM UPON DETECTION THAT ISALIVIBLEATPOOL51DEANP INSIDE THE DWELLING. THE ALARM MUST BE INSTALLED, z_ QZ 7 MAINTAINEDAND USED IN ACCORDANCE WITH THE MANUFACTURERS INSTRUCTIONS. THE ALARM MUST MEET ASTM F2208 DATE: 3d P.# u "STANDARD SPECIFICATION FOR POOL ALARMS. THE DEVICE MUST OPERATE INDEPENDENT(NOTATTACHED TO OR DEPENDENT ON)OF Y N C PERSONS. v - �d FEE: . BY: G 6. POOL SUCTION FITTINGS(EXCEPT FOR SURFACE SKIMMERS)MUST BE PROVIDED WITH A COVER THAT CONFORMS TO ASME/ANSI Y A112.19.SM ORA MINIMUM 18'x 23"DRAIN GRATE ORA CHANNEL DRAIN SYSTEM. POOL CIRCULATION SYSTEM MUST BE EQUIPPED WITH 0 NOTIF BUILDING DEPARTMENT ATPLANB ATMOSPHERIC VACUUM RELIEF IN THE EVENTTHE GRATE COVERS LOCATED WITHIN THE POOL BECOME M1551NG OR BROKEN. SUCH V) VACUUM RELIEF SYSTEMS SHALL CONFORM WITH ASME A11'_.19.17 OR BEA GRAVITY SYSTEM APPROVED BY THE TOWN OF SOUTHOLD. 765-18 2 8 AM TO ?PM FOR THE ' POOL SHALL BE PROVIDED WITH A MINIMUM OF2 SUCTION FITTINGS OF THEABOVE MENTIONED TYPE. THE SUCTION FITTINGS SHALL BE FOLL ING INSPECT IONS: N.T.S. SEPARATED BYA MINIMUM OF3'AND MUST BE PIPED SUCH THAT WATER 15 DRAWN THROUGH THEM SIMULTANEOUSLY THROUGH A VACUUM RELIEF-PROTECTED LINE TO THE PUMP(OR PUMPS) VACUUM/PRESSURE CLEANING FITTINGS SHALL BE IN AN ACCESSIBLE 1. FO DATION - TWO REQUIRED POSITION,MINIMUM OF 6"AND NO GREATER THAN 12"BELOW THE MINIMUM OPERATIONAL WATER LEVEL OR BE AN ATTACHMENT TO THE 5KIMMER/5KIMMER5.A REQUIRED POOL ATMOSPHERIC VACUUM RELIEF SYSTEM SHALL BE INSTALLED AS PER NYS RESIDENTIAL CODE FO POURED CONCRETE 16WINYLCOVERED5TEP5 8326.6.3(2020)AND IN ACCORDANCE WITH TOWN CODE. 2. RO H - FRAk,11NIG & PLUMBING 7. ALL ELECTRICAL WORK SHALL COMPLY WITH THE REQUIREMENTS OF NFPA 70(NEC)PRINCIPALLY ARTICLE 680 AND THE NYS 3. INS LATION i b a RESIDENTIAL CODE SECTIONS 4201 THROUGH 4206.ALL ELECTRICAL DEVICES MUST BE APPROVED BY UNDERWRITERS LABORATORIES AND 4. FIN L - CONSIRUC;iON MUST BE PROTECTED BYA GROUND FAULT CURRENT INTERRUPTER(GFCD CURRENTCARRYING ELECTRICAL CONDUCTORS EXCEPT FOP TH05E V PROVIDING POWER TO POOL LIGHTING AND POOL EQUIPMENTSHALL MEET THE SEPARATION REQUIREMENTS OF TABLE E4203.5.ALL BE O PLETE- F--'i: C.O. 2'704"5ANDBOTTOM Y METAL ENCLOSURES,FENCES OR RAILINGS NEAR OR AD)ACENTTO THE SWIMMING POOL THAT MAY BECOME ELECTRICALLY CHARGED QJ DUE TO CONTACT WITH AN ELECTRICAL CIRCUIT SHALL BE EFFECTIVELY GROUNDED. "CS ALL C NSTRUCTiON SHALL MEET THE REQUi EMENTS OF THE CODES OF NEW 8, WATER SOURCE FILLING THE POOL SHALL BE EQUIPPED WITH A BACKFLOW PROTECTION DEVICE IAW NY5 PLUMBING CODE 608. SECTION A 1-0 YORK TATE. NOT RESPONSIBLE FOR 9. ALL PIPING 15 DIAGRAMMATIC UNLE55OTHERWISE STATED, 0 .--c z DESIG OR CONSTRUCTION ERRORS. N.T.S. TOP OF WALL 10. WALKS IF PROVIDED SHALL BE NONSLIP AND SLOPE AWAY FROM POOL EDGE. 4 WATER LINE u �= v Qj U 0 11. A MEANS OF EGRESS FOR DEEP AND SHALLOW ENDS MUST BE PROVIDED IAW ANSVAP5P/ICC-5 SECTION 6. v ) � COM Y WITH ALL CODES OF 4' B' 4' o o s o 3 NEW YO K STATE & TOWN CODES V� 12. CONTRACTOR TO PLACE THE POOL IAW TOWN OF SOUTHOLD CODE SETBACKS. d Q. V AS REQ RED AND CJND: ! iLINS OF 13. ALL DRAINAGE FROM THE POOL SHALL BE MAINTAINED ON THE 5UB)ECT PROPERTY, 15. THE DESIGN 15 BASED ON A DRAINAGE 501L WITH<10%SILT. GROUND WATER SHALL NOT EXIST WITHIN THE EXCAVATION. IF GROUND N Cf11 I' .11 i•• r1WATER 7n WATER EXISTS WITHIN 6'-O"FROM GRADE,DEWATERING FACILITIES WILL BE REQUIRED. O 4 �T?1 N 16. ALL GAS AND OIL HEATERS(IF INSTALLED)FOR THE INGROUND SWIMMING POOL SHALL BE NATIONAL APPLIANCE ENERGY ., 7-,N�I w 1NING BOAK� SECTION B CONSERVATION ACT CNAECA)COMPLIANT. POOL HEATERS SHALL BE TESTED IAW ANSI L1.56 AND SHALL BE INSTALLED IAW MANVFACTURER5 SPECIFICATIONS. OIL FIRED POOL HEATERS SHALL BE TESTED IAW UL726. POOL HEATERS SHALL BE LOCATED OR Go 0(�i -177L 1 h 10•,F[• N.T.S. GUARDED TO PROTECTAGAIN5TACCIDENTAL CONTACT OF HOT SURFACES BY PERSONS. POOL HEATERS SHALL BE PROVIDED WITH U J ■ y'\,J 1I./Lv 1 !� � �JJ I t__� TEMPERATURE AND PRESSURE-RELIEF VALVES. FOR HEATERS NOT PROVIDED WITH AN INTEGRAL BYPASS SYSTEM, A BYPASS LINE SHALL BE U INSTALLED FROM INLET TO OUTLET TOAP)U5T WATER FLOW THROUGH THE HEATER. POOL HEATERS SHALL BE PROVIDED WITH THE Y-2" FOLLOWING ENERGY CONSERVATION MEASURES: CHECK VALVE 00 COPING AND WALKWAY 10' 16.1 AT LEAST ONE THERMOSTAT SHALL BE PROVIDED FOR EACH HEATING SYSTEM. 00 (BY OTH ERS) w � PUMP O FROM SKIMMER GRADE 16.2 ALL POOL HEATERS SHALL BE EQUIPPED WITH AN ON-OFF SWITCH MOUNTED FOR EASY ACCESS TO ALLOW SHUTTING OFF THE E WATERLINE OPERATIONOFTHEHEATERWITHOUTAWUSTINGTHETHERMOSTATSETTINGANDTOALLOWRESTARTINGWITHOUTRELIGHTINGTHE C r N DIMVERT a PILOTLIGHT. ap TO DISnv__ 16.3 HEATED SWIMMING POOLS SHALL BE EQUIPPED WITH A POOL COVER(EXEMPTED FROM THIS REQUIREMENTARE OUTDOOR POOLS a \DRYWELDRYWELL UND15TURBED EARTH ` DERIVING 20%OF THE ENERGY FOR HEATING FROM RENEWABLE SOURCES AS COMPUTED OVER AN OPERATING SEASON) (D m o n j • 16.4 TIME CLOCKS SHALL BE INSTALLED 50 THE PUMP CAN BE SET TO RUN DURING OFF-PEAK ELECTRICAL DEMAND PERIODS AND CAN BE SET ¢ r tD.o 3500 PSI POURED CONI. a a'- TO RUN THE MINIMUM TIME NECESSARY TO MAINTAIN THE POOL WATER IN A CLEAN AND SANITARYCONDITION IAW APPLICABLE co n A VALVE ER O 3/8"REBAR.2)T1'P--------- - SANITARY CODE OF NEW YORK STATE. � N a VINYL LINER 17. THIS DRAWING I5 FOR STRUCTURAL SHELL ONLY.�ALLACCESSORIES AND APPURTENANCE5ARE DEFINED BY OTHERS. _ = o o 4 O Y t U FILTER 2"TO 4"SAND <a ../ Lu <p C a 18. BACKFILL WITH CLEAN EARTH,FREE OF ROOTS AND DEBRIS. DO NOTALLOW THE HEIGHT OF BACKFILL TO EXCEED THE HEIGHT OF THE WATER IN THE POOL BY MORE THAN 8", OR THE WATER TO EXCEED BACKFILL BY MORE THAN 8" 5 E„a TO RETURNS19. PLACE CONCRETE ON SANDY TO LOAM SOIL. REMOVE ANY CLAY DEPOSITAND REPLACE W/COMPACTED CLEAN BACKFILL. L � Oa 20. THERE 15 NO MAIN DRAIN IN THI5 POOL.SUCTION FOR POOL WATER CIRCULATION IS PROVIDED BY THE SKIMMERS ONLY.THI5 MEETS CHECK VALVE REQUIREMENTS OF THE NYS RESIDENTIAL CODE-SECTION R326.5 FOR ENTRAPMENT PROTECTION. PLUMBING SCHEMATIC 21. THE POOL WAS DESIGNED IAW THE FOLLOWING: �oF NE 21.1. THE NEW Y08K STATE RESIDENTIAL CODE-SECTION P326(2030) �P R T H �O �C UPANCY ®R N.T.S. WALL SECTION 21.2. THE NEW YORK STATE ENERGY CONSERVATION CONSTRUCTION CODE-SECTION R403.10(30'_0) o N.T.S. 31.3. THE NEW YORK STATE FUEL GAS CODE(2020) US IS'-UNLAWFUL 21.4. THE NEW YORK STATE SANITARY CODE. r�i �"'•`�,�?/ p'� 21.5. ANSI/APSP/ICC-55TANDARDFOP,RESIDENTIAL IN-GROVNDSWIMMING POOLS. r = I p � � ' WIT OUT CERTIFIC tRETAIN STORM WATER RUNOFF ELECTRICAL 1.6. BOCACOPE-SECTION 4_1. � U a, � , n ill f (_, ; 21.7. CODE OF THE TOWN OF SOUTHOLD. till PURSUANT TO CHAPTER 236 INSPECTION REQUIRES OF CCUPANCY OF THE TOWN CODE. 2 ALL BACKWASH TO BE SELF-CONTAINED ON-SITE. 23. POOL TO BE EQUIPPED WITH AN AUTOMATIC POOL COVER. �� 08841'3 ROFESSION��