HomeMy WebLinkAbout16806-zFORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z17562
Date DECEF~ER 2~ 1988
THIS CERTIFIES that the building
Location of Property 5770 MILL ROAD
House No.
County Tax Map No. 1000 Section 106
Subdivision XX
RENOVATION
Block 06
Filed Map No. XX
MATTITUCK
Street
Lot 13.3
Lot No. XX
Hamlet
conforms substantially to the Application for Building Permit heretofore
filed in this office dated MARCH 2, 1988 pursuant to which
Building Permit No. 16806Z dated F~RCH 14, 1988
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 2ND FLOOR RENOVATION.
The certificate is issued to MATTITUCK HOLDING CORP.
(owner, X~)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N038068 OCT. 06~ 1988
PLUMBERS CERTIFICATION DATED MATTITUCK PLUMBING & HEATING 6/16/88
Building Inspector
Rev. 1/81
TOWN OE $OUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N. Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
N*-16806 z
Permission is hereby granted to: ~
..~.~..¢.....~..~ 2...' ............................................
.
at premises located at .~,7...~..~.. ........ .~. .~....~,.~., .................
County Tax Map No. I000 Section .... J...o...Lo. ....... Block ..... ~ ..... Lot No....;~./..~...~
pursuant to application dated ...~.~.......-~... ...................... , Jg~.~., and approv~ by the
Building Inspector.
Fee $..~1 ......
Rev. 6/30/80
FORM NO. 6
TOWN OF $OUTHOLD
Building Department
Town Hall
Southold. N.Y. 11971
765- 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriter OR ink, and submitted ,,, ~ to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2.Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3.Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
§.Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
I. Accurate survey of property showing all property lines, streets, buildings and unusual natural or
topographic features.
2.Sworn statement of owner or previous owner as to use, occupadcy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees:
1. Certificate of occupancy $25.00 -- BUSINESS $50.00
2. Certificate of occupancy on pre-existing dwelling $ 50.00
3. Copy of certificate of occupancy $ 5.'00, over 5 years $]0.00
4.Vacant Land C.O. $ 20.00 D..e.c.embe.r. 1, 1988 .
5.Updated C.O. $ 50.00 Date ....................
NewConstruction Old or Pre-existing Building X Vacant Land
.5.7!0 Hi;1.1 Ao. ad ~.~.t.~.i. tuck Ee.w .Y.q~.'k.
Location of Property... . . . ,.... .... ..... ~ ..................... . . ..
House No. Street Ham/et
'tuck Holding Corp
Owner or Owners of Property ~{a t t l. . .
106 06 xx
County Tax Map No. 1000 Section ............... Block ............... Lot ................
Subdivision ................................. Filed Map No ........... Lot No ..............
PermitNo..~0~ Date of Permit .......... Applicant
Health Dept. Approval ........................ Labor Dept. Approval ........................
Underwriters Approval ........................ Planning Board Approval ......................
Request for Temporary Certificate ..................... Final Certificate .......................
Fee Submitted $ ..... 50.00
Construction on above described building and permit meets all applicable codes end regu{ations.
Applicant Heidtmann & Son~ Inc.
Rev. 10-10-78
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificnte Of Occupnncy
No. Z17076
Date July 12, 1988
THIS CERTIFIES that the building ..... R. e..n 9y.a.t..~ 9.n. ...............................
Location of Pro err 5770 Mill Road Mattituck
House No. Street Ham/et
County Tax Map No. 1000 Section . .1.0.6. ....... Block ...0.6. .......... Lot 1 3.3
Subdivision ...... .X.X ....................... Filed Map No..X.X. ..... Lot No..X..X
conforms substantially to the Application for Building Permit heretofore filed in this office dated
March 2, 1988 pursuant to wtficb Building Permit No. 16806Z
dated.....................Mar ch 14, 1988 ..... .. was issued, and conforms to all of the requirements
of tile applicable provisions of tile law. Tile occupancy for which this certificate is issued is .........
...R.e.n.o.y.a.t.e. existing structure as applied for. (First floor on'ly)
The certificate is issued to MATTITUCK HOLDING CORP.
..................... ?o¥,','r.'~,~)C'~X ...................
of the aforesaid building.
Suffolk County Department of Healtlx Approval ... ~ ./.A. ..............................
UNDERWRITERS CERTIFICATE NO... Iq 849990
PLUMBERS CERTIFICATION DATED:
Mattituck Plumbing & Heating Corp.
Btfilding Inspector
Rev, 1/81
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
$OUTttOLD, N.Y. 11971
TEL. 765-1802
CERTIFICATION
Building Permit No. /~O~
Owner C[~-m~ F. H*.-~J~Dq~n~ (pl,ease print)
P~umber ~~o /~ ~~
I certify that the solder used in the water ,supply system
contains less than 2/10 of 1% lead.
(plumber ' s
Sworn to before me this
/~ day of ~ ~u~L__ .,
Notary Public,__S~~County
Notary Public
KEVIN AL hARIY
MARLO M. CUOMO
GOVERNOR
STATE OF NEW YORK
DIVISION OF HOUSING ,AND COMMUNITY RENE~
ONE FORDHAM PLAZA
BRONX, NEW YORK 10458
July 6, 1988
Mr. Thc~as C. Samuels, Principal
S~uels - SteelmanArchitects
25235Main Road
Cutchogue, N.Y. 11935
MattituckMarina
Cora~issioner's Interpretation No. 433
Code sections 1231.3(b) & 1232.4
Dear Mr. Samuels:
With regard to the above-referenced matter, this office has reconsidered the
Cc~ssio'aer's Interpretation issued on June 28, 1988 which stated that
physically handicapped access 'to the second floor of this renovated adminis-
tration building, is ~equired because the cost of the proposed alterations ex-
ceeds 50 percent of the building replac~me~nt cost. It is our understanding
that the primary entrance level is proposed to be accessible and usable by
the physically handicapped.
C~f,¢issioner's Interpretation ~433 is hereby revised as follows:
Physically handicapped accessibility to the second floor of~ this' existing
building is not req~.~ed because the special oondition of code section 123~.4
prevails. This special condition (1102.2 (d) - Conversions, Alterations and
Additions) ex~n~0ts frcm requirements for physically handicapped access, a
renovated second floor level having a cumulative floor area that does not ex-
ceed 2500 sq. ft.
S~%cerely,
FLK/bjd
Fred L. Kessner, P.E. Director
Housing and Building Codes Bureau
cc: F. L. Kessner K. S. Lewison
C. Sager (D.O.S.)
E o tleiskell
~/Victor Lessard, T/o Southold
staff
File
O~ OF suUI~4OLO OF
~ APPLICATION FOR CERTIFICATE OCCUPANCY
FORM ~0. 6
TOWN OF SOUTHOLD
, Building Department
Town Clerks Office
$outhold, N. Y. 11971
Instructions
A. This application must be filled in typewriter OR ink, and submitted in DUPLICATE to the Building
Inspector with the fallowing; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and
unusual natural ar topographic features.
2. Final approval of Health Dept. of water supply and sewerage dispasal--(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and
installations, a certificate of Code compliance from the Architect or Engineer responsible for
the building.
5. Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey.of property showing all property lines, streets, buildings and unusual natural
or topographic features.
2, Sworn statement of owner or previous owner as to use, o~cupancy and condition of buildlngs.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent in-
formation required to prepare a certificate.
C. Fees: 1. Certificate of occupancy $5.00
2. Certificate of occupancy on pre-existing dwelling or land use $5.00
3. Copy of certificate of occupancy $1.00
...... ..........
New BHilding ................ Addition ................ Old or Pre-existing Building ......... .~. ..... Vacant Land ..............
Location Of Property ~5~7~7.~`~[~[~R~d~~N~Y`~k~ .............................................
Owner Or Owners Of Property ..~.~.~.~,~.~.c..~....~:[,..~..~...~.~...~..o.~..,. ............................................................
Subdivision ................................................................ Lot No ............. Block No ............. House No .............
Permit No...1;..~.8...0.~...~... Date Of Permit ..3../.];~../.~.~..Applicant
Health Dept. Approval ............................................ Labor Dept. Approval ................................................
Underwriters Approval .............................................. Planning Board Approval ........................................
Request For Temporary Certificate ........................................ Fin~ Certificate ..........................................
Fee Submitted $ ....................................
Construction on above described building and permit meets all applicable codes and regulations.
Glenn F. Heidtmann & Son, Inc.
Appficant .................................................. ~.....~ ...........................................
Sworn to before me this ~
................ day of ............................................ (stomp or seal)
Notary
Public
Cou ..n B ?
FOUNDATION Ilst)
FOUNDATION { 2nd)
ROUGH FRAME
PLUMBIN~
INSULATION PER N. Y.
STATE ENERGY
CQDE
FINAL
AD[
MARLO M. CUOMO
GOVERNOR
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
ONE FORDHAM PLAZA
BRONX, NEW YORK 10458
July 6, 1988
W LUAM B, EIMICKE
COMMISSIONER
Mr. Thomas C. Samuels, Principal
Samuels - SteelmanArchitects
25235M a inRoad
Cutchogue, N.Y. 11935
Dear Mr. S~els:
Re:
Mattituck Marirm
Cc~missioner' s Interpretation No. 433
Code sections 1231.3(b) & 1232.4
with regard to the above-referenced m~tter~ this office h~s reconsidered the
Commissioner's Interpretation issued on June 28, 1988 which stated that
physically handicapped access to the second floor of this renovated adminis-
tration building is required because the cost of the proposed alterations ex-
ceeds 50 percent of ~he building replacement cost. It is our understanding
that the primary entrance level is proposed to be accessible and %~ible by
the physically handicapped.
Commissioner's Interpretation #433 is hereby revised as follows:
Physically handicapped accessibility to the second floor of. this'existing
building is not requiredbecausethe special condition of code section 1232.4
prevails. This special condition (1102.2(d) - Conversions, Alteratiohs and
Additions) ex~n~pts frcm requir~nts for physically hendicappedaccess,, a
renovated second floor level h~ving a ctir~lative floor a rea that does not ex-
ceed 2500 sq. ft.
FLK/bjd
Fred L. Kessner, P.E. Director
Housing and Building Codes' Bureau
Cc ~
New York State Department of Environmental Conservation
R ~il~i,g~ dgT~N_'6 I~Ig~YL~9~I~, l~v~t~'0rk41J~9aGUN¥
Room 219, Stony Brook, NY 11794
Dear ~.~ ~t
A ~evie~ has been made oi your proposal ~o:
~ased on hhe information you have submitted, ~he New York S~ate DepartmenL
of Environmental Conservation has deLermined Lbat ~he parcel
~ project is: ,
,,0'~ L4~1~-,^~. , _, Thomas C. Jorling
--."~,l, J'H- JL...~.~/~?-O~-Io2,c.~missi0ner
Greater than 300' from inventoried tidal wetlands.
Landward of a substantial man-made structure '~k~¥NC~-~%'~(},~ bk)\~_
greater than 100' in length which was constructed prior to 9/20/77.
Landward of the 10' above mean sea level elevation contour on a
gradual, natural slope.
Landward of the topographic crest of a bluff, cliff or dune which is
greater than 10' in elevation above mean sea level.
Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations)
as a use not requiring a permit or notification letter of approval.
Therefore, no permit is required under the Tidal Wetlands Act (Article 25
of the Environmental Conservation haw). Please be advised, however, that
no construction, sedimentation or disturbance of any kind may take place
seaward of the 10' contour or topographic crest without a permit. It is
your responsibility to ensure that all necessary precautions are taken to
prevent any sedimentation or other alteration or disturbance to the
ground surface or vegetation in this area as a result of your project.
Such precautions may include providing adequate work area between the
10' contour or topographic crest and the project (i.e. a 15' to 20' wide
construction area) or erection of a temporary fence, barrier, or hay
bale berm.
Please note that any additional work, or modification to
described, may require authorization by this Department.
this office if such are contemplated.
the project as
Please contact
Please be further
responsibility of
agencies.
~';~ ~ !q '
TOWN OF SOUTHOLD ,,
advised that this letter does not relieve you of the
obtaining any necessary permits or approvals from other
Very truly yours,
Degruty Regional Permit Administrator
STATE OF NEW YORK
COUNTY OF SUFFOLK
JOHN C.
says:
)
) SS.:
)
~ALLINAN,
being duly sworn,
deposes and
1. I am a partner in MATTITUCK HOLDING COMPANY,
the partnership owning real property which is the subject
of this affidavit. I am also the President of MATTITUCK INLET
MARINA & SHIPYARD, INC. the occupant of the subject property.
2. I hereby certify that neither MATTITUCK HOLDING
COMPANY nor MATTITUCK INLET MARINA & SHIPYARD, INC. intends
or will allow the public access to the second flo~r of the
structure of their office building covered by Building Permit
%16806Z, which was issued by the Town of Southold on March
14th, 1988, pertaining to premises at 5770 West Mill Road,
Mattituck, New York.
Sworn to before me this
19th day of April, 1988.
Notary Public
VICTOR LESSARD
EXECUTIVE ADMINISTRATOR
(516) 765-1802
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
OFFICE OF BUILDING INSPECTOR
TOWN OF SOUTHOLD
June 10, 1988
Bronx, N.Y. 10458
Dear Sir:
1102.2 Accessibility. (Referred to by 1232.4 just
obtained) (d) I total above grade levels to maximum 2500
sq. ft.
1st floor 1370.25
2nd floor 1039.88
Total 2400.17
I believe the problem that this office has with this
project is the following:-
I--A business building of type 5 construction (wood)
even though it's an existing structure, is now
taking a second floor storage area and making it
habitable. I don't believe this office has the
authority to rule on what the code limits to type
5 one floor only. Is this a conversion or now
classified a new structure?
II-Also the applicant is now saying, without saying,
that the second floor will be private offices, but
he will never hire handicapped persons so second
floor handicapped facilities do not pertain.
III-I consider these conditions as uncommon in nature,
and made the decision that the authority rested
with the N.Y.S. Review Board. Please keep in mind
the original permit issued was for a non-habitable
2nd floor.
VICTOR G. LESSARD
VGL:hdv EXECUTIVE ADMIN.
TO: Victor Lessard
FROM: Robin Quintin~
SUP~3ECT: Petition #
Senior Clerk
i40-88-52
DATE: August 8, 1988
OFFIG~: Codes Division
OFFiCe:
Enclosed please find additional information submitted for
petition # 140-88-52o If you have any questions regarding this
information, please contact Mro Raymond Andrews at (518)474-4073o
SAMUELS = STEElMAN
[] ARCHITECTS
July 6, 1988
New York State Department of State
Uniform Fire Prevention and Building Codes
Board of Review
Albany, NY 12231
Re:
PETITION NO. 140-88-52
Administrative Offices,
Mattituck Inlet Marina
Mattituck, NY
Attn: Raymond Andrews, RA
Dear Sir:
E~closed please find our revised PETITION and additional
EXHIBITS for our hearing before the Boards of Review.
It is our first intention to APPEAL the determinations of
the Town of Southold Building Department and the Division of
Housing and Community Renewal, which require handicapped
accessibility to the second floor of our small, renovated
administration building. Exhibits %10, 11, 12, and 13 refer
to this appeal.
Failing' in this appeal, we appl~ for a VARIANCE to be heard
on the same date, to seek relief from the requirements to
provide handicapped accessibility to our second floor.
Exhibits %14, and 15 refer to this Variance.
I~' is our understanding that we are on the agenda for the
Hearing of July 28, 1988 in Hauppauge,NY.
Please call with any questions or concerns.
Thank you very much,
SAMUELS & STEELMAN ARCHITECTS
Thomas C. Samuels
Principal
TCS:lf
encl.
25235 Main Road, Cutchogue, New York 11935 734-6405
NEW YO~ STATE
DEPARql~IENT OF STA%I~
UNIFOrm4 FIRE PRA%/ENTION AhD BUILDI~ CODE
ALBANY, NEW YO~ 12231
REVISED 07/08/88 PETITION '
3/86
(office use only)
1. Petitioner's name, address, and telephone number:
Thomas C. Samuels, Principal
Samuels=Steelman Architects
25235 Main Road
Cu~chogue, New York 11935 (516) 734-6405
2.
end of Mill Road
Mattituck, New York
Petitioner(s) relationship to the property in question: Architect .. See Exhibit NO.
3. Provide the following for the DroDertv in question:
A. Street Address: IB.County in which located:
Suffolk
lC.City, Village, Town(if Outside Vil.)
11952 I Mattituck Southold Town
I '
ID.Property name, if any: Mattituck Inlet
M~rina
4. State the name of the real party in interest, the person or firm
aggrieved: Matt~tuck Inlet M~rina, Inc.
5. Tax map number of the property in question:Dist.1000 Sect.106 Blk.006 Lotl~
Provide names, addresses and telephone as indicated below. Attach addi-
tional sheets if necessary. See instructions for further clarification.
A. Property Owner
Mattituck Holding Corp.
370 Oakwood Road
Huntington Station, NY
(516) 298-44~0
John Hallonan
1174'6
B. Architect or Engineer (if any)
Samuels=Steelman Architects
25235 Main Road
Cutchogue, NY 11935
(516) 734-6405
Tom Samuels
C. Cede EnforcementAgency
and Contact Person
Victor Lessard, Administrator
Southold Town Building Dept.
Town Hall, Southold, NY 11971
(515) 765-1802
D. Fire Inspector or Fire Marshal
not applicable
E. Fire Department and
Contact Person
Mattituck Fire Department
Pike Street
Mattituck, NY
(516) 298-8833
F. Other Persons or Organizations
with an Interest in the Petition
not applicable
Check here if additional sheets are attached for this item.
2
7. Project Description (Check and complete all statements which apply)
e
Building Status:
Tn planning
x Work in progress started on 3_~_/..!5/ 88
x Work completed on >__6/15/88
Does not involve construction, ~lteration or repair
Building Description (Refer to the listed parts of the Uniform Code:
Occupancy Classification (Part 701): Cl
Building Use (Part 703): administration building
Construction Type (Part 704): 5b
No. of Stories: 2 Max.Height: 22 '-6"
Area of floor with largest area: 1250 square feet
Gross floor area of the enti~e building: 2165 square feet .
C. Fire Limits (Refer to Part 706 of the Uniform Code:
Within Fire Limits or x Outside Fire Limits
Permit/Compliance Status. (Check and/or complete all statements which
apply).
Building Permit:
X A permit was applied for on 2~_~/. ~ /88 , and a copy of the
completed application form is attached as exhibit no.~ 2
A permit ~pplication was denied on / / , and a copy of
the denial 'is attached as exhibit no.
.X A permit was issued on .~ /_1_~_/..~8, and a copy is attached as
exhibit no. S
.... No formal detern~ination has been received on the application
for a pgrmit.
No permit has been applied for
B:
Certificate of Occupancy or Compliance (C.O.):
x A C.O. was applied for on . 6/%6_~/B8, and a copy is attached
as exhibit no. 16
A C.O. was denied on .... / / , and a copy is attached as
exhibit no.
A C.O. was issued on / / , and a copy is attached as
exhibit no.
No formal determination has been received to the application
for a C.O.
__ No C.O. was applied for
Ce
Orders
or Citations or Denials (Check and complete)
1. A notice, appearance ticket, order or other citation has
been issued alleging a violation of the Uniform Code at
the property in question. A copy is attached as exhibit
no.
2. There is no official allegation of a violation of the
Uniform Ccde involving the property in question, but it
appears to the petitioner that there is or may be a
violation which is further described below...
Indicate if the petition is an appeal and/or a request for variance.
(Check one or both as appropriate. See instructions for definitions.)
Appeal x Variance x
10. Indicate the specific code sections which are the subject of the appeal
or variance request.
.. Appeai~' §I102.2(d), §1232.4 Variance: §ll00.1(a),§ll00.1(b),§ll00.2(b)
11. Variance. (If applying for a variance, check and complete all statements
which apply. If not seeking a variance, go to Item 12.)
A variance from the sections described in Item 10 would entail practical
difficulties, uncesessary hardship, or would otherwise be unwarranted
because strict compliance (check the statements which apply):
x 1. would create an undue economic burden for the reasons stated
in exhibit no. 14 .
2. would not achieve its intended objective for .the reasons
stated in exhibit no. .
3. would inhibit achievement of some other State or Federal
policy for the reasons stated in.exhibit no..
4; would be physically or legally, impossible for the reasons
stated in exhibit no. .
x 5. would be unnecessary in light of alternatives which achieve ~'
the intended objective or which, without a loss in the level
of safety, achieve the intended objective more efficiently,
effectively, or economically, alternatives which are
described in exhibit no. 15
_
6. would entail a change so slight as to produce a negligible
additional benefit consonant with the purpose of the code for
the reasons stated in exhibit no. .
12. Appeal. (Complete this item if making an appeal. If not making an
appeal, go to Item 13.)
A. The following described order or determination, or the failure to
timely make the following described order or determination, or the
failure to timely issue the following described permit, authorization
or other document is appealed:
Refusal of Chief Administrator of Bldg. Dept. to allow completion
of second flQor parti~ig~s unless elevator is installed for
accessi~-i~y of the physically handicapped.
A copy of the order or determination is attached as exhibit no. 4
Order is in form of marking on approved building plans
B. The order or determination should be reversed or modified or other
relief fashioned so as to do justice between the parties for the
reasons stated in exhibit no. 5
-4-
13. Documents: (Please note Item 13 of Petition Instructions)
..x Exhibit No. 6 :
.. x Exhibit No. 7
Exhibit No. :
.. Exhibit No.
10,
x Exhibit No.12~
Site Plan
Building Plans
Photcgraphs
: Documentation of }tistoric Preservation
11,
13. Additional information described as follows
See next attached sheet.
14.
If a site plan or building plans are included, are they the sear~ as ones
which have been submitted to the code enforcement agency?
~ Yes
No - If no, explain below.
15. PreviousAction
Has any previous application for relief related to the subject property
been made to this or another board, a~]inistrative agency or officer, or
court.
x Yes - If yes, describe the proceeding and include a copy of any
determination issued.
An application for Commisioner's Interpretation has been
filed with the Division of Housing and Community Renewal.
See Exhibit No. 8
No See also Exhibit no. 9 (affadavit from owne~)
See Exhibit No. 12 (Commissioner Interpretation)
16. Enclose appropriate fee as per instructions and indicate amount below.
Checks should be made payable to the New York State Department of State.
,~, 5O. 00
Check h'as been previously submitted as part of this.
application
I, the petitioner in this proceeding make this application pursuant to
19 NYCRR 440 and affirm under penalty of perjury that the /nformation
furnished by me in support of this application is true and correct to the best
of my knowledge.
Revised 7/6/88
-Nine copies of the petition form and supporting documentation must be
submitted. Mail the material to the Codes Division, New York State Department
of State, 162 Washington Avenue, Albany, NY, 12231.
PETITION NO 140-88-52
Additional EXHIBITS for Appeal petition on behalf of
Mattituck Holding Corp., Huntington Station, New York, for
administrative office building at Mattituck Inlet Marina,
Mattituck, NoY.
EXHIBIT $ 10
Letter dated May 25, 1988 from Samuels & Steelman Architects
to Edward Heiskell, Inspector, State of New York Division of
Housing and Community Renewal. This exhibit explains our
specific situation at M~tti%uck Inlet Marina, and the nature
of our renovation. We demonstrate that the Building Code
allows renovation of multi-story buildings with area less
than 2,500 square fee% without the addition of an elevator
for handicapped accessibility. We state that the upper
level is not intended for public use, but rather for the
sole use of the marina owners.
EXHIBIT $ 11
Copies of New York State Building Code with relevant
sections highlighted. Specific sections are §1102.2
§1231.3 (b), and §1234.4.
(d),
EXHIBIT $ 12
Division of Housing and Community Renewal, Commissioners
Interpretation mCI 433, dated June 22. 1988. The
interpretation states that because renovation costs exceeded
50% of replacement costs, we must comply with all
requirements of Subch~pter B of Building Code, and therefore
must provide an elevator in our building.
EXHIBIT $ 13
Proposition dated June 29, 1988 by Samuels & Steelman
Architects which explains our reading of the Building Code
and supports our claim that an elevator should not be
mandated at Mattituck Inlet Marina.
SAMUELS = STEEI3IAN
[] ARCHITECTS []
May 25, 1988
Edward Heiskell, Inspector
Division of Housing & Community
Housing & Building Codes Bureau
One Fordham Plaza, 3rd. Floor
Bronx, New York 10458
Renewal
Dear Sir:
This will outline the situation at the renovation of the
administrative offices at Mattituck Inlet Marina in
Mattituck, New York.
The existing building is a wood frame, one and one-half
story structure with 1235 sq. ft. on the first floor and
930 sq. ft. on the second. Its first floor use, prior
renovations uas office, and its second floor use was
storage.
Our renovations involved reorganization of the first and
second floor/plans, the addition of shed dormers to the
second floor, and the general up~radin~ of all materials.
The total square footage remains the same, 2165 sq. ft.
The proposed use of both floors is office (C1). The first
floor has been make completely handicapped accessible, by
the addition of ramp, handicapped bathroom and compliance
with all dimensions and other requirements. Several offices
are available for handicapped employees, and the public
areas are accessible to all. The second floor is intended
primarily for the private use of the Marina owners, with
three private offices, a bathroom, and some storage areas.
An interpretation is requested for Code Section Number
§1232...4 "Special Conditions", which limits 'the need for an
elevator in renovated buildings to those over 2500 sq. ft.
25235 Main Road, CutchoGue, New York 11935 734-6405
The cost of renovation exceeds 50% of the assessed valuation
of the existing building. However §1232.4 appears as a
~Special Condition" which limits the general requirement to
provide handicapped accessibility in this event if the
renovation is less than 2500 sq. ft.(as in §1t02.2(d)).
Please call us immediately if you need additional
information regarding this interpretation.
With regard to the Southold Building Inspector, Victor
Lessard: as we discussed on the phone, he has declined to
sign the application form, although he is familiar with the
situation and completely understand our request. Please
solicit his response and participation in your process, so
that we may proceed in a timely manner.
Thank you for your consideration.
SAMUELS & STEELMAN ARCHITECTS
Thomas C. Samuels
Principal
cc: Mattituck Inlet Marina
TCS:lf
PART 1102
1102.1 Applicability
1102.2 Accessibtllty
GENERAL BUILDING CONSTRUCTION
(Statutory authority: Executive Law, ~ 375, 377)
1102.4 Parking spaces
1102.5 Passenger loading zones
(d) Oonversio~s, alterations and additions. (1) The cumulative floor area of con-
PART 1231
APPLICABILITY
(Statutory authority: Executive Law,
Histeric~l Note
S~ction 1231.1 Coaversk~s. T~e provisions of Subchapter B of this code shall
apply to existing buildings as if hereafter erected, where the general claselflcation by
occupancy or u~e as set forth tn Part 701 of this code is changed from one clnseiflcation to
another.
11~31.2 I~el~cations. The provisions of Subchapter B of this code shall apply to
existing buildings as If hereafter erected, where a building is physically relocated.
Existing mobile homes shall be exempted from this requirement.
tllstorical Note
1231.1] Alterations, additions and repairs. (a) The provisions of Subchapter B of
this code shall apply to alterations, additions and repairs made to buildings.
(b) The provisions of Subchapter B of this code shall apply to an entire existing
building, as ff hereafter erected, when the cost et any alterations, additions or repairs
made within any slx-monih period exceed 50 percent of the cost of replacement of the
building at the beginning of that slx-month period.
(c) Repairs other than those set forth in sobdlvision (b) of this section shall be permit.
ted to be made in buflcLtngs and systems with like or similar material, so as to replace
existing conditions in need of repair, provided such repairs are made ha a safe and
sanitary manner.
(d) Where additions or alterations subject parts of existing systems to loads exceed-
lng those permitted herein, such part shall be made to comply with the code.
Historical Note
1:~$1.4 ltoof covering. Whenever more than 25 percent of the roe[ covering of a
building is replaced Ln any sik-rnonth period, all roof covering on such building shall be
made to comply with applicable provisions of this code,
HJsterical Note
1:~31.$ Equipment. New equipment thstailed in existing buildings shall conform to
the requirements of this code.
Historical Note
Sec. filed Dec. 13,1983 eft. Jan. 1,1984.
12:31,b Exlsttng uses continued. Provisions of this code shall not be retroactively
applicable except as herein required.
Hi~terical Note
XHIDIT II
PA ~'l' 1232
SP~I~ C~T~O~
(Statu. tory authority: Executive Law, ~ 375, 377)
12.~.! Multiple dwellings Sec.
1232.$ Assembly 8pace
1232.2 General building con~tr~ction 1232.4 Physically handicapped requirements
Historical Note
$~ctlon 1232.1 Multiple dwoll~. (a) Except within fire limits A, a building of
type Ii construction, not exceeding three stories or 40 feet in height, existing prior to the
effective date of this code, may be altered or converted to group B1 occupancy provided
that such building, when so altered or converted, complies in all Other respects wlth the
requirements of this code.
(b) In altered or converted buildings, a special sprinkler installation, conforming to
the requirements of section 1060.4(g) of this code, shall be provided in storage and service
rooms, and in kitchens and cooking spaces serving dining rooms, that do not have fire.
resistive ratings required by section 730.4(c) and (e) ui this code.
Historical Note
1232.2 General building construction. (a) Except within fire limits A, a building
(b) Except within fire limits A, a building of type 5 construction, not exceeding two
converted to a day-care center (group C6.I or C6.2) occupancy, provided that such
building, when so altered or converted, complies in all other respects with the require.
ments of this code and the provisions set forth in table VIII.705, inchiding footnotes 2 and
3.
(c) Within fire limits A, a building of type § construction, not exceeding two stories in
height, existing prior to the effective date of this code. may be altered or converted to
group C1 or C2 occupancy or use, provided that such bulldin§, when so altered or
converted, complies in all other respects with the requirements of this code and is
provided with smoke or heat detectors which will activate an alarm audible throughout
the building. For each such building alteration or conversion, the type and location of the
detectors and alarm shall be determined by the local authority having jurisdiction.
Historical Note
1232.3 Assembly space. Where an existing multiple dwelling or an existing build-
ing of low or moderate hazard classification Is altered, assembly space in such building
shall not require a uine.foct height as set forth in section 732.3(b)(1) of this code, provided
the assembly space is at least eight feet high, and the alteration does not increase the
building height nor increase the area of any story or floor level.
Historical Note
1232.4 Physically handicapped requirements. Ii'or requirements for the physically
1102.2(d) of this code.
Page 1 of 2 pages
Commissioner's Interpretation No, CZ 433
Coda Section No. 1Z3l.](d/ & 1232.4
COMMISSIONER'S INTERPRETATION
Date June 22, 1988
Name of Applicant
Thomas Samuels, Principal
Mailing Address
Samuels-Steelman Architects
25235 Main Road, Cutchoaue, New York ]1935
Subject Building Location
Administrative Buildinq, Mattituck Inlet Marin~,
Mill Road, Mattituck, N.Y. 11952
Occupancy Classification: C1-Administration Type of Constructlon:_5b-wood frame
Bldg. Height: Feet 23 __ Stories 2 Bldg. Fire Area; 1 r 4 00 sq. ft. Fire Limits: [] inside ~ outside
FACTS OF THE REQUESTED INTERPRETATION:
An existing two story building is being renovated for administrative use.
The above grade levels have a cumulative floor area of less than 2500 sq.ft.
The primary entrance level is proposed to be accessible and usable by the
physically handicapped. The cost for the alterations will exceed 50% of
This Commissioner's Interpretation is
· based upon the information submitted
· in accordance with Article 18 of the Executive Law
· solely for the applicant at the above building location.
Enforcement of the New York State Uniform Fire Prevention and Building Code shall be consistent with this interpretation.
BC-61 (1.86)
cc: F.L. Kessner
K.S. Lewison
C.Sager, (D.O.S.)
E. Heiskell
Victor Lessard, T/O Southold
Staff
File
William B. Eimicke
Commissioner
Division of Housing and Community Benewal
Fred L. Kessner, P.E., Director
Housing and Building Codes Bureau
Page 2 of ~ . Pages
Commissioner's Interpretation No. ~! 433
Code Sect on No. 1231.3(d) & 1232.4
COMMISSIONER'S INTERPRETATION
Date, June 22, 1988
the building replacement cost. Is access to the second floor for
physically handicapped use necessary?
COMMISSIONER'S INTERPRETATION IS AS FOLLOWS:
Where the cost of the alterations and repairs made within any six month
period exceeds 50 percent of the cost of replacement of the existing
building at the begining of the six month period, code section 1231.3(d)
requires that the provisions of Uniform Code Subchapter B apply to the
entire existing building as if hereafter erected. Therefore for this ad-
ministrative building it is required that physically handicapped access be
provided to the second floor.
Where there are practical difficulties Qn application for relief may be
made to the State Board of Review.
8C4~1,1 (1-86)
SAMUELS = STEELMAN
[] ARCHITECTS
June 29, 1988
EXHIBIT ~ 13
It is the proposition of Samuels & Steelman Architects that
the New York State Building Code specifically exempts
renovated buildings with less than 2,500 square foot floor
area from the accessibility requirements of Part 1100,
Article 13: General Requirements for Facilities for the
Physically Handicapped.
Paragraph 1102.2 (d) (i) (regarding conversions,
alterations, additions) specifically exempts renovated
buildings with above-grade levels having maximum cumulative
floor area of 2,500 square feet from requirements for
facilities for the physically handicapped. The
administrative offices for Mattituck Inlet Marina meets this
condition.
Paragraph 1231.3 (b) (regarding alterations, additions,
repairs) states that the provisions of Subchapter B of the
code shall apply when the cost of alterations or repairs,
made within six months, exceeds 50% of the replacement cost
of the building. In fact, by complying with §1102.3 (d) (i)
we do comply with the provisions of SubchaDter B, and should
not require an elevator.
Paragraph 1232.4 (of "SPECIAL CONDITIONS" regarding
Physically Handicapped Requirements) provides specific
reinforcement to our proposition that§Il02.2 is the
paragraph which governs our situation. This paragraptl
clearly exempts us from the general requirements of
§1231.3 (b).
Despite this proposition that renovated buildings of area
less than 2,500 square feet be exempt from requirements for
handicapped accessibility, Mattituck Inlet Marine has made
every attempt to comply with the spirit of Article 13. The
first floor of the renovated administrative building
complies with all standards set forth in the ANCI manual: a
ramp has been provided; a handicapped accessible bathroom
including shower, has been provided; all door widths and
clearances are in compliance with Part 1100. It is our
intention that the building be accessible to the physically
handicapped to every extent feasible.
25235 Main Road, Cutchogue, New York 11935 734-6405
The second floor of this building is 930 square feet in
area. It is divided into three small private offices
intended solely for the use of the marina owners; it is not
intended for public accessibility. Duplicate facilities are
located on the ground floor %o provide service to the
physically handicapped public and/or employees.
To summarize, it is our proposition that all requirements of
the New York State Building Code have been met, in both
letter and spirit, without the inclusion of an elevator in
this building.
SAMUELS & STEELMAN ARCHITECTS
Thomas C. Samuels
Principal
SAMUELS = STEElMAN
[] ARCHITECTS
June 29, 1988
EXHIBIT ~ 15
The Architects and Owners a% Mattituck Inlet Marina believe
it is unnecessary to provide an elevator in the renovated
building in light of the following alternatives, employed
in the design, which achieve the intended objective more
efficiently and economically.
The ground floor has been made handicapped
accessible by means of a complying ramp. All
door sizes, swings and clearances comply with
the provisions of ANSI. There has been provided
a handicapped accessible restroom using appropriate
bathroom fixtures.
There have been provided four (4) handicapped
accessible offices, which permit the intended use
of the building by customers, employees, owners,
and general members of the public who are
physically handicapped. Space for the services
provided on the second floor is interchangeable
with ample space on the first floor which is
handicapped accessible.
We therefore believe it is unwarranted to enforce strict
compliance of Part 1100 in this situation, when every
reasonable, efficient, and cost effective effort has been
made to comply with the law.
Sincerely,
SAMUELS & STEELMAN ARCHITECTS
Thomas C. Samuels
Principal
25235 Main Road, Cutchogue, New York 11935 734-6405
N /"~. FOR CERTIFICATE OF OCCUPANCY
~ APPLiCATiON
FOR]~ NO. $
TOWN OF ~0UTHOLD
, Building Department
Town Clerks Office
$outhold, N. Y. 11971
EXXHIBIT $ 16
Instructions
A. This application must be filled in typewriter OR ink, and submitted in DUPLICATE to the Building
Inspector with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and
unusual natural or topographic features.
2, Final approval of Health Dept. of water supply and sewerage dispasal--(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and ,similar buildings and
installations, a certificate of Code comp(lance from the Architect or Engineer responsible for
the building.
5. Submit Planning Board approval of completed site plan requirements where applicable.
B. '~or existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
rand uses:
1. Accurate survey.of property showing all property lines, streets, buildings end unusual naturoi
or topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3, Date of any housing code or safety inspection of buildlngs or premises, or other pertinent in-
formation required to prepare a certificate.
C. Fees: 1. Certificate of occupancy $5,00
2. Certificate of occupancy on pre-existing dwelling or land use $5.00
3. Copy of certificate of occupancy
Date ...... ..........
New Building ................ Addition ................ Old or Pre-existing Building .........~ ..... Vacant Land ..............
Location Of Property 5770 Mill Road~ Mattituck; New York
O~ner Or Owners Of Prope~y ..Z.s_,t..t.i.t,_u.c.k..Re.1...d_i..n.g...~..o..r.~.: ............................................................
Subdivision ................................................................ Lot No ............. Block No ............. House No .............
P rmlt"o 16806 Z Date Of Permit 3/1.4./88 Applicant Glenn F. Heidtmann & Son, Inc
Health Dept. Approval ............................................ Labor Dept. Approval ................................................
Underwriters Approval .............................................. Planning Board Approval ........................................
Request For Temporary Certificate ........................................ FinaJ Certificate ..........................................
Fee Submitted $ ....................................
Construction on above described building and permit meets all applicable codes and regulations.
Glenn F. Heidtmann & Son, Inc.
Applicant ....................................................................................................
................ day of ............................................ (stomp or
Notary Public ..-., ................................ County
Phone (516) 734-7484
Night (516) 765-1128
GLENN F. HEIDTMANN & SON, INC.
BUILDER
C'OX LANE, CUTCHOGUE, NEW YORK 11935
June 13, 1988
Town of Southold Building Department
Town Hall, Main Road
Southold, New York 11971
Re:
Building Permit No 16806 Z
Mattituck Holding Corp.
5770 Mill Road
Mattituck, New York
Dear Sir:
are requesting:
MAIL ADDRESS
P.O. BOX 932
CUTCHOGUE, N.Y. 11935
1. Final inspection of roof insulation and crawl
space ceiling insulation.
2. Final plumbing inspection
3. Final inspection of first floor area as per plan
Underwriters inspection has been made by Inspector.
Sincerely,
Glenn F. Heidtmann
GFH/rh
cc/ Mattituck Holding Corp.
Certified Mail p 107 415 043
STATE OF NEW YORK
COUNTY OF SUFFOLK
sayS:
JOHN C. HALLINAN, being duly sworn, deposes and
1. I am a partner in MATTITUCK HOLDING COMPANY,
the partnership owning real property which is the subject
of this affidavit. I am also the President of MATTITUCK INLET
MARINA & SHIPYARO, INC. th~ occupant of the subject property,
2. I hereby certify that neither MATTITUCK HOLDING
COMPANY nor MATTITUCK INLET MARINA & SHIPYARD, INC. intends
or will allow the public access to th~ second flo~r of the
structure of their office building covered by Building Permit
%16806Z, which was issued by the Town of Southold on March
14th, 1988, pertaining to premises a~ 5770 West Mill Road,
Mattituck, New York.
Sworn to before me this
19th day of April, 1988.
Notary
THOMAS S. WHITFH£AD
NOTARY PU~tIC, S ''~ ' of How York
SAMUELS STEELMAN
Victor Lessar~dmi~
Building Department
Town of Southold
Southold, New York
11971
Dear Victor,
By this letter I would like to make one final
request to you to contact the State regarding the
requirement for an elevator at Mattituck Inlet Marina. I
have spoken with officials at both the Division of Housing
and Community Renewal and the Board of Review at the
Department of State about this issue, and both agree with~
our interpretation that an elevator is not required.
If you would only be willing to discuss this matter with one
of these gentlemen, I am sure that we could avoid a lengthy
process, which will not serve anyone's interest. In fact,
due to a backlog at these agencies, we are looking at a
delay of at least 4-6 weeks.
I understand that there are other projects in the town which
have created problems for the Building Department with
regard to handicapped accessibility, yet these projects
differ substantially with our project.
In conclusion,
to everyone's
effort.
we hope that this matter can be resolved
advantage quickly and with the least possible
Raymond Andrews, R.A.
Codes Division
Department of State
(518) 474-4073
Edward Heiskell
Division of Housing
(212) 519-5255
and Community Renewal
Thank you very much,
Thomas C. Samuels
Principal
cc: 2~il~i~61~t~W~gue, New York 11935 734-6405
cci ~attituck Inlet Marina
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, N,Y. 12231
MEMORANDUM
TO: Victor I~ss&rd
FROM:
Carl R. Sager
Director, Codes Division
DATE: April 18, 1988
RE: Petition No. 140-88-52
This is to advise you that we have received the above referenced petition
requesting relief to enforcement of the Uniform Fire Prevention and Building
Code in regard to a property in your jurisdiction. A copy of the completed
petition form is attached for your review.
This petition will be reviewed by a Board of Review pursuant to Title 19
NYCRR 440 in the matter of the relief being requested. You will be notified
when a proceeding is to be scheduled. You will also be contacted regarding
any written or oral testimony you wish to present. A copy of the written
decision of the Board of Review will be transmitted to you subsequent to the
proceeding.
To assist us in preparing for this proceeding, we would appreciate your
completion of the attached questionnaire. Please return it to ua in the
enclosed, self-addressed, stamped envelope. Completion of the questionnaire
is purely voluntary, however, your assistance in this matter w/Il be
appreciated.
Please note this petition has been prepared on an outdated petition form.
We have revised the petition form and I have enclosed some updated copies for
your future use, if necessary. We are no longer accepting the old forms and
have sent the proper forms to the petitioner.
If you have any questions concerning the above, please contact Mr.
Raymond Andrews of my staff. He can be reached at (518) 474-4073.
CRa:sc
Attachment
STATE OM NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
JOHN C. HALLINAN,
says~
being duly
sworn, deposes and
1. I am a partner in MATTITUCK HOLDING COMPANY,
the partnership owning real property which is the subject
of this affidavit. I am also the President of MATTITUCK INLET
MARINA & SHIPYARD, INC. the occupant of the subject property.
2. I hereby certify that neither MATTITUCK HOLDING
COMPANY nor MATTITUCK INLET MARINA & SHIPYARD, INC. intends
or will allow the public access to the second floor of the
structure of their office building covered by Building Permit
%16806Z, which was issued by the Town of Southold on March
14th, 1988, pertaining to premises at 5770 West Mill Road,
Mattituck, New York,
Sworn to before me this
19th day of April, 1988.
Notary P~blic
THOMAS S. WHITFHEAD
Phone (.516) 734-7484
Night (516) 765-1128
?oLENN F. HEIDTMANN & SON !NC.
BUILDER
COX LANE, CUTCHOGUE, NEW YORK 11935
Date:
MAIL ADDRESS
P.O. BOX 932
CUTCHOGUE, N.Y. 11935
May 2, 1988
To Town of Southold - Building Department
Main Road
Southo id,
Att.: Mr.
New york 11971
Lessard
~rob
Mattituck Ho]ding Corp.
Mattituck Inlet Marina
Mill Road, Mattituck, N.Y.
Gentlemen:
We are
(x) Enclosing
( ) Forwarding under separate cover
( ) Handing you
Copies Dwg. No. Title
original of letter dated 4/29/88 from Samuels-_Steelman,
Architests
copy of inspection ticket dated 4/26/88
Which are for
(~ Approval and distribution
( ) Your information
( ) Record
Please initial and return copy
Very truly yours,
GLENN F, HEIDTMANN & SON INC.
By
Date
4/29/88
SAMUELS = STEE
[] ARCHITECTS
Glenn F. Heidtmann & Son, Inc.
P.O. Box 932
Cutchogue, New York 11935
Re: Renovation at Mattituck Inlet Marina
Dear Glenn,
This will authorize you to substitute R-19 insulation in
the roof of the dormer and those other portions of the roof
framed with 2xl0's, which cannot accomodate the specified
R-30 insulation.
Please be advised that the building will still comply with
the requirements of the Energy Code, with regards to tota~
heat loss.
Thank you,
Tom Samuels
Principal
cc: Mattituck Inlet Marina
25235 Main Road; Cmtehog~ue, New York' 11935
734-6405
MARLO M. CUOMO
GOVERNOR
~TATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
ONE FORDHAM PLAZA
BRONX, NEW YORK 10458
WILLIAM B. EIMICKE
RULES OF PROCEDURE
for COMMISSIONER'S INTERPRETATIONS
General
1. Upon written request by a code enforcement official or a building permit applicant, as set forth below
under "Procedure," the Commissioner of the Division of Housing and Community Renewal {DHCR)
is empowered to issue a written interpretation of a specific section of the New York State Uniform
Fire Prevention and Building Code (Code) as provided for in Section 376.4 of Chapter 707
of the Laws of 1981.
Upon request by any person, the Housing and Building Codes Bureau may also provide information
concerning any section of the Code. Information so provided sha//not be considered a Commissioner's
interpretation but wi//be advisory on/y. (Section 376.5 of the Statute)
Procedure
1, A request for a Commissioner's Interpretation shall be by application on a form (BC-56) provided
by DHCR.
The applicant must provide a detailed description of the requested interpretation and include a copy
of the application for the building permit (if applicable) and, if required, plans and specifications
necessary to adequately describe the situation. The applicant should complete a separate application
for each section of the Code for which an interpretation is requested.
If the application is incomplete or does not otherwise contain sufficient information, the commissioner
may request clarification or additional information.
Upon receipt of a complete application from a building permit applicant, the Commissioner will trans-
mit a copy of the application to the appropriate Code Enforcement official and ask for his/her
comments to be returned to DHCR within 10 days of such transmittal.
Within 45 days of the receipt of a complete application and appropriate
Commissioner will issue the interpretation which will be applicable only
subrnitted.
comments, if any, the
to the documentation
6. The Commissioner may waive the time periods specified above when warranted by extenuating
circumstances.
7. Subsequent enforcement of the Code section{s) shall be consistent with the interpretation
issued by the Commissioner.
Fred L. Kessner, P.E., Director
Housing and Building Codes Bureau
(212) 519.5255
BC-54 (10.96)
MARLO M. CUOMO
GOVERNOR
DIVISION OF HOUSING AND COMMUNITY RENE~
ONE FORDHAM PLAZA I--J
BRONX, NEW YORK 10458 i I ~l,J~ i~11~. J i
CO~MISSIONE R
Mr. Victor Lessard
C~ief Administrator
Building Department
Town of Sou~/~old
Town Hall, Main P~ad
Southold, N.Y. 11971
Re Application for Commissioner's
Interpretation
DHCR Application #: 433
Building Permit Applicant:
Thomas S~uels
Architect
JUN 7 1988
Dear Code Enforcement Official:
We have received an Application for Commissioner's Interpretation from the above applicant
regarding a specific Section of the New York State Uniform Fire Prevention and Building
Code:
A copy of each of the following is enclosed:
· The Application for Commissioner's Interpretation (BC-56);
· Supplement Statement to Application for Commissioner's Interpretation (BC-58);
*Rules of Procedure for Commissioner's Interpretation (BC-54).
Please review this Application. If you agree with the statements therein, sign and date
Item 10, and return the Application to the Division at the above address, marked to my
attention.
If you have any comments pertaining to this Application, enter these on the Supplemental
Statement sheet, and return it to us with the signed and dated Application.
Please respond within 10 days of the mailing date above. Your cooperation in this will assist
us in meeting the timeframes set out in the Rules of Procedure.
Sincerel~
Fred L Kessner, P.E.
Director, Housing and
Building Codes Bureau
(212) 519-5255
cc: Pending File
F.L. Kessner
T. Samuels R.A.
BC.57 (10-86)
MARLO M. CUOMO
GOVERNOR
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
ONE FORDHAM PLAZA
BRONX, NEW YORK 10458
WILLIAM B. EIMICKE
COMMISSIONER
APPLICATION FOR COMMISSIONER'S INTERPRETATION
NOTE TO APPLICANT: Please reed "Rules of Procedure" before completing this
application. Then complete and transmit as instructed on reverse of th s form.
I. Name of Applicant
Samuels=Stee%man Architect's, Tom Samuels, Princip
2. MaiHngAddress
25235.Main Road, Cutchogue, New York 11935
3. TelephoneNum~r
(516) 734-6405
'(For DHCR Codes Bureau Use)
AppUcation ~3 ~
NO.:
4. SubjectBuildingLocation I
Adm{nf~rR~{vo building mt the Mattituck Inlet. Marina, ab the end
of Mill Road, Mattituck, New York 11952
Sa. Address of Buildlng Department Having JurBdiction and Name of Contact Person
?OWn ~a[%, Sou~hold, Ne~ ¥or~ 11971
Chief Administrator, Victor Lessard
5b. Telephone Number
(516) 765-1802
6, Parts of the Uniform Code Covering This Building
Occupancy Classif!cation: C1
(refer to Part 701)
BIdg, Height: 22 ' -6"
(refer to Part 705)
7. Interpretation Requested for Following
Code Section Number:
(One item Only) § 1 ~ 3 ~. 4
Type of Construction: 5b
(refer to Part 704)
Bldg. Fire Area: 2165 sq.f%.
(refer to Part 705)
Fire Limits Classification: 706.1 (b)
(refer to Part 706) outside limi%s
8. Provide Details of Requested Interpretation: . .
-,~'~e~-~?~ for ?lmva~.~r ko ~rovide ban~caoDed accessibility to the sec?nd
floor of an ex~sting building, which zs 1~ than the maximum allowed ~n
~L_~11D?.Q(d~. wJ~en ~hmrm tm no ~ublic access ko that second floor. Renovation
I costs e c&ed of r&plaSemen value the uilding; §1 3 .4
_appPmr~ m~ m "Sp~m~al Cond~tiQn" to_that paraQraph.
i 9. (To be completed by Building Permit Applicant)
Date:
10. (For Use By Code Enforcement Official Only)
Date: Signature:
~C-~6 (10~6) (See reverse for Instructions)
765-1802
BUILDING DEPT.
INSPECTION
FOUNDATION 1ST [ ] ROUGH PLBG.
FOUNDATION ZND [ ] INSU_LATION
FRAMING p./]~NAL
DATE
,INSPECTOR
765-1802
BUILDING DEPT.
INSPECTION
FOUNDATION 1ST
FOUNDATION
~]~F~MING
R£MARKS:
[ ] ROUGH PLBG.
2ND [ ] INSULATION
[ ] FINAL
765-1802
BUILDING DEPT.
INSPECTION
[ ] FOUNDATION 1ST [ ] ROUGH PLBG.
[ ] FOUNDATION ZND [~/]~NSULATION
[ ] FRAMING
FINAL
/
DATE , , . .,~ ,,
765-1802
BUILDING DEPT,
INSPECTION
[ ] FOUNDATION 1ST
[ J FOUNDATION ZND [
[~FRAMING [ ] FINAL
] INSULATION
REMJ~RKS:
INSPECTOR
ROUGH PLBG,
. oozo? THE NEW YORK BOARD OF FIRE UNDERWRITERS
~D BUREAU OF ELECTRICITY
THIS ~ERTIFIE~ THAT
o~ly the electrical ~uipme~¢ ~ ~cri~ b~{~ and i~c~. ~ t~ applicant ~ed ~n ~he ~e eppBcatlon nu tuber in the premises of
~a~ttuck Infe~ Shipyara~ Ro~a,En~,~l~uc~ zew
in the following &}cation; ~3 Basement [~ /st FL
FI, Section Block Lot
and found to be in corttpliance ~elth the reqtdrements ~f this Board.
RANGES COOKING DECKS OVENS DISH WASHERS EXHAUST FANS
DRYERS FURNACE MOTORS ~ APPLIANCE FRROE!R~ TIME CLOCKS
UNIT HEATERS MUi.?I-OUTLET
SYSTEMS
NO. OF FRET
DIMMERS
~ERVICE DISCONNECT S E
R V I C E
NO. OF HI-LEG A. W g
OF HI-LEG
OTHRR APPARATUS:
gox
Souchold New ¥o=k 11971
This certificate must not be altered in any manner; return to the office of the Board if incorrect. In~pector~ roux be identified by their credentials.
copy FOR ILDING DEPARTMENT. THIS COPY OF CERTIFICATE
.
THE NEW YORK BOARD OF FIRE UNDERWRITERS
BUREAU OF ELECTRICITY
, ( ~5 JOHN STREET. NEW YORK. I~E~/ y~1~,~,1,0038
FIXTURE
OUTLETS SWI?CHES
DRYERS
FIXTURES
RANGES COOKING DECKS OVENS DISH WASHERS EXHAUST FANS
SYSTEMS
NO. OF FEET
E R V I C
A, WG
OF NEUTRAL
......... ~'~ ,GENERAl. MANAGER ~J
This certificate must not be altered in ~ny manner, return ,o the office of the 8oord i, ,,correci. Inspedors may be ,den~i~ed bye' their creSentJoJs..
COPY F~ BUILDING DEPARTMENT. THIS COPY OF CERTIFI~TE ~ST NOT BE ALTERED IH ~NY ~NNER. -
Fonl'vl NO. 1
TOWN OF 8OUTHOLD
BUILDING DEPARTMENT
TOWN HALL
~OUTHOLD, N.Y. 11971
TEL.: 765-1802
Approved . ~'~.o,_~e~.../..~.., 19 ~.~. Permit No..L .~ .~..o.~...~.
Disapproved a/c .....................................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date March 2, 19..8.8
INSTRUCTIONS
a. Tiffs 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-
i;ation.
c. The work covered by this application may not be commenced before issuance of Building Pernfit.
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
shalt have been granted by the Building Inspector.
APPLICATION IS ttEREBY 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, Ordhmnces or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in building for necessary inspections·
· %k. y..o Ld.*. p :?... ................
(Signature of applicant, or name, if a corporation)
fl T. o. . q a.k. w g p. d. . .t.a.t.i. gp...
.... (Mailing address of applicant) 11746
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Owner
Nameofownerofpremises Mattituck ttolding Corp.
(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 ........ bi.[& ..............
Plumber's License No ...... 2.3. 0.3.P.. :. Ha. L.' .~[.L.t.1 .ck
Plumbing
Electrician's License No .... G. &..S.. E 1.e.q t; r,t.qa. J-
Other Trade's License No .......... N/A ........
1. Location ofland on which proposed work will be dono. Mattituck Inlet Marina
Hill .Road Mattituck
l[ouse Number Street Hamlet
County Tax Map No. 1000 Section . .{?.e. ?.L~ .~.a.c.h..e..d..P~I~[~ ..... .z~..../7..~. ...... Lot...~'.. /''~'
Subdivision N/A Filed Map No. Lot
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. F~xisting use and occupancy .. [l.e.a.q c.l .up.r. ~..e~.~ . . .?I.a.[ .~..t.E.u.c..k..[13.1 p.E..NJ.a?.i.n, a ......................
lleadquarters , , ,
b. Intended use and occupancy ....................................................................
10.
11.
12.
13.
14.
Nature oFwork (check which applicable): New Building . . . ' . . . Addition .......... Alteratio~ . ~.x. ......
P, epair .............. Removal .............. Demolition ............ Other Work ...............
i (Description)
.$25o, oooioo
Estimated Cost ...................................... Fee .................................
(to be paid on filing this application)
If dwelling, number of dwelling iunits ............... Number of dwelling units on each floor ................
If garage, nmnber of ears .... I ...................................................................
If bt siness, corn nercial or mixed occupancy specify nature and extent of each t,,ne of use Head.quarters
.... L t ~ ~r ......... i ........
13 mens~ons of existmg stn ctt res, ~f any Front ~ 1 . Rear .~.]- Depth .~ ii .
} . 16 , . 2
Imght -- Number of Stones . : .......................................
Dimensions of same structure witl~ alterations or additions: Front .... .4.], ' .......... Rear . .~t 1.' .............
Dept)~,... ~ll" '~'~'~ .... t" Hmght .... 1, ~ ................ Number of Stones .... 2. .................
Dimensions of entire new construction: Front ............... Rear ............... Depth ..... , .........
Itei~h,f*-',,.,,~U-: :~ · ' . Number of Stories ....................................................
Sizloflo~' ,W,Joh~c".' gee a~.tached plan ~ ~ ' ',~,.
Dat'~iSH¥~r~l*u{~e'' '. ......... i ................... Name of Former Owner .............................
Zone or use district in which prbmises are situated...Bu a irm s s .........................................
Does proposed construction wo'Iate any zoning law, ordinance or regulation: .. J~Q ...........................
Will lot be regraded .y~'.~q ................ Will excess fill be removed from premises: Yes .... No
Nane ofOwnerofnrenise~Na.'ttztuck 14ol. din?~a,gOa;p, r, ....iXl~ 298 - q~4~u
NamaarAr,q~ite,~t Samuels, & Steelman . , SouthoYd ~., ,. 7 ~5 - 1 ~66
None of Contractor .l,ieidt;mJaim. &..Son ....... Address . Catcho.gue ....... Phone No. 7.34..-..2 ~8.4.
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and~indicate all sebback dimensions fr~om
property lines. Give street and bloct number or description according to deed, and show street names and indicate whether
interior or corner lot. ~
See ~ttached plan
STATE OF NEWt'Y'ORK, / ~' S
~ (Ix~m~ individual s~gnin{g contract)
above named.
being duly sworn, deposes and says that he is the applicant
I[eisthe Contractor - Agent
(Contractor, agent, corporate officer, etc.)
of sakl owner or owners, and ts 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 manOer set forth in the application filed therewith.
Sworn to before me tiffs
.......... ..... .......
~At~t~ o~f~l~oflt (Signature of applicant)
~ No. 52-8125850, Suffolk Cou~Y,.._
Term ~xpires October 31, 19.,~.~
NOTIFY i~UILD!NG D~:PA~ENT AT
~65.180~ .~ ,~z~ TO ~ PM FOR THE
FOLLO~I(~ ~t~PEC1]ONS:
FOUi~A'rff)b~ '~'0 ~EQUJRED
If copper
fo
/ / /// /
/ / /
\
6~
I/
/
STATE COR!$ rflut]'rlON & ENERGY
CODES NOT MESFONSi~LE FOR
r~ES~GN O~ CO~$TRUCTtON ERRORS,
OOCURANCY OR "
US[ IS UN WFUL
CERTIFICATE
ITHOUT ' ...... :' ~IATmt~C ~ INLE~
OCCUPANCY
[. ~F/~IOVALS= Re~eve ail exie~ing int~=lor and
: f~n~s~es a~ shown tn dra~ng$. ~ogether W/ Architect
exa~ti~e,, ':exie~i~g ebr~cture; R'~place all rotted or
2.r ELECT~I~RL. RemOve all existing electrzc
~w~ches and lighting fixtures. Provide, new wiring,
outlets, a~itches and lighting as required by sode.
Ar~C~ . Shall provide .dra~ng to locate and
Specify a%diti0n~l lighting f'~X~es and switches.
3.~ PL~: RemOve al~ ~ts~ing rough 'plumbing and
fixtures, Provid'e'new rough plumbing bo E'lx~res shown.
Pr~i~a~ new wa%er close:s, lavq%ories and~hdWer unitS.
,Provide all req.d ~andicapped ~ standard accessories.
4. ;~ICA~;.S~STEM8: Remo=e existing furnace and
duc%work. P~%ide hen oil fi~ed hot air furnace and air
, Con~[io, ing equipment. Provide all req'd, ductwork.
p=ov~e new ~r[ple ~nsuta%~d flue through rooE.
5. ~I~NSiONS~ Ail dimensions are taken to rough
,fra~i~g~' Verffy all d~m~ns~ons in field, and notify
Aruhitec~ with any ~iscrepanc~es.
~'~= work s~a,[lco~form wf~h all a~iicable
7:"~G~," 'Arch~eg~ume~, no .respgnsibili~y for
un~ho~ized changes made to , the. s~ructure or other
as~,~of.~he work, nor for information furnished by
,,~%he~$ mhd believes' b~ the Architec~ to be reliable.
8. INSaNe': Contractor shall maiBtafn Contractor's
Liabil~%y Insurance including:
Pro~rty Damage Liability
Comp~ehensive Geaeral Liability
,Con~rac~or~s Project%ye Liabili~
.-Contractual Lia~ili%y'(Hold Harmless)
Oomp~ehenstv~iAu~mobile Liability
Cont~ac~o~ ~hall maintain a~ h~s o~ expense an
! s~all%~xon ~loater covering all materials, equipment
and sup~i~?to be '~sed in p~rformance of contract.
,Such'floa~er~sha~t cover "All Risks"
9. T~ES: Owher ~s exempt from pa~ent of State and
Local sales ~n all materials used to full,il
p~ovisipnS of
PARTIAL
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