HomeMy WebLinkAboutZ-45516 ��S�FFO Town of Southold 9/3/2024
53095 Main Rd
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Southold,New York 11971
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PRE EXISTING
CERTIFICATE OF OCCUPANCY
No: 45516 Date: 9/3/2024
THIS CERTIFIES that the structure(s)located at: 465 Brown St,Greenport
SCTM#: 473889 Sec/Block/Lot: 48.-3-20.1
Subdivision: Filed Map No. Lot No.
conforms substantially to the requirements for a built prior to
APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 45516
dated 9/3/2024 was issued and conforms to all the requriements of the applicable provisions of the law.
The occupancy for which this certificate is issued is:
wood frame single family dwelling with front enclosed porch.* (For dwellingfacing Linnet Street AKA 711 Linnet
Street
The certificate is issued to 465 Brown St Gprt LLC
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL .
ELECTRICAL CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
*PLEASE SEE ATTACHED INSPECTION REPORT.
A o ized i nature
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
HOUSING CODE INSPECTION REPORT
LOCATION: 465 Brown St,Greenport
SUFF.CO.TAX MAP NO.: 48.-3-20.1 SUBDIVISION:
NAME OF OWNER(S): 465 Brown St Gprt LLC
OCCUPANCY:
ADMITTED BY:
SOURCE OF REQUEST: 465 Brown St Gprt LLC DATE: 9/3/2024
DWELLING:
#STORIES: 2 #EXITS: 2
FOUNDATION: poured concrete CELLAR: full CRAWL SPACE: x
BATHROOM(S): TOILET ROOM(S): UTILITY ROOM(S):
PORCH TYPE: front enclosed DECK TYPE: PATIO TYPE:
BREEZEWAY: FIREPLACE: GARAGE:
DOMESTIC HOTWATER: yes TYPE HEATER: electric AIR CONDITIONING:
TYPE HEAT: FHA oil WARM AIR: forced hot air HOT WATER:
#BEDROOMS: #KITCHENS: BASEMENT TYPE:
OTHER:
ACCESSORY STRUCTURES:
GARAGE,TYPE OF CONST: STORAGE,TYPE OF CONST:
SWIMMING POOL: GUEST,TYPE OF CONST:
OTHER:
VIOLATIONS:
REMARKS:
INSPECTED BY: JOHNJ DATE OF INSPECTION: 6/27/2024
TIME START: END:
r/ oF SOUlyolo S-� A 4 :qlq�4f"r,
N OF 9.OUTHOLD -BUILDING DEPT.
coo 631-765-1802
INSPECTION
[ ] FOUNDATION 1 ST/ REBAR [ ] ROUGH PLBG.
[ ] FOUNDATION 2ND [ ] INSULATION/CAULKING
[ ] FRAMING /STRAPPING [ ] FINAL
[ _ ]-FIREPLACE & CHIMNEY-- [ ] FIRE SAFETY INSPECTION
[ . ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] . ELECTRICAL (ROUGH) [ ] RECTRICAL (FINAL)
[ ] . CODE VIOLATION [ P C/O [ ] RENTAL
REMARKS:
(o .6956, '� WDD 16V\
DATE (D INSPECTOR
�I OFSOGT
# # TOWN OF SOUTHOLD . UI DING DEPT. .
"cou►�� 631-765-1802
I NSPECT IN
[ ] FOUNDATION 1 ST/ REBAR [ ] ROUGH PLBG.
[ ] FOUNDATION 2ND [ ]'INSULATION/CAULKING
[ ] FRAMING /STRAPPING [ ] FINAL
[ . ] FIREPLACE& CHIMNEY [ ] FIRE.SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] ELECTRICAL (ROUGH) [ ] ECTRICAL (FINAL)
[ ] CODE VIOLATION [ :PRE C/O [ ] RENTAL
REMARKS:` V Sod'' G saw(
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DATE i - uu -
�t INSPECTOR '
hO��OF SOUIyO� [ V 1 � (o r„� ,p of
# # TOWN OF SOUT OLD BUILDING DEPT.
utm, 631-765-1802
INSPECTION
[ ] FOUNDATION 1ST/ REBAR [ ] ROUGH PLBG.
[ ] FOUNDATION 2ND [ . ] INSULATION/CAULKING
[ ] FRAMING/STRAPPING [ ] FINAL
[ ] FIREPLACE &-CHIMNEY [ ]. FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [/FIRESISTANT PENETRATION
ELECTRICAL (ROUGH) [ CTRICAL (FINAL)
CODE VIOLATION [ C/O [ ] RENTAL
REMARKS:
CN
DATE INSPECTOR
ECE " E
J U i_ 2 4 2024
Building Department I.
Town of Southold
r
S.C.T.M. NO. DISTRICT: 1000 SECTION: 48 BLOCK: 3 LOT(S):20.1
U.P.0
LINNET STREET
EDGE OF PAVEMENT
U.P.0
S 82°46'10"E 100.00, E"
— — w
z ¢ CONC.FU 100.00' W
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STOOP 10.
68.9' 20.5' . 3
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SLAB d
LOT 61 LOT 60 LOT 59 Ld
Li
0.6'W ` LOT 34
LOT 24 LOT 26 LOT 211 6 STOCKADE Z
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v REBAR
rFCCONC.
GATE STOOP I m w
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n LOT 32
0.1'E 1 STORY _z N
MULTI FAMILY
N DWELLING EO �y
CONC.
14.2' S 7.n M srooP
6.3' 0i 24.1' M
W COVERED
2.3'
CONC. AA
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STOOP 28.5'
CONC.STOOP �¢ z
LOT 30
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Fc 100.00'
N
MON. ¢ 1 ¢ 0.3 0.3''E
N 82044"1 W 100.00, o MON.
DRAIN W.M. 1�
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EDGE OF PAVEMENT
BROWN STREET I
o m,
HYD.
U.P.
THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL
LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS
AND OR DATA OBTAINED FROM OTHERS.
AREA: 22,524.03 SQ.FT. or 0.52 ACRES ELEVATION DATUM: _________________________
UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY
MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION
LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE.
THE OFFSETS 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 PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS
AND/OR SUBSURFACE STRUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY
SURVEY OF: LOTS 26,28,59 & 60 INCL. �EOFNE�'Y CERTIFIED T0: JAMES OLINKIEWICZ;
MAP OF: GREENPORT DRIVING PARK �P,-�N M wow 0 EMILY REEVE; DIME COMMUNITY BANK;
FILED: DEC. 1, 1909 No.369 z�� 465 BROWN ST GREENPORT LLC;
W * 711 LINNET ST GREENPORT LLC;
SITUATED AT: GREENPORT o STEWART TITLE INSURANCE COMPANY,
TOWN OF: SOUTHOLD �� "r J� KENNETH M WOYCHUK LAND SURVEYING, PLLC
SUFFOLK COUNTY, NEW YORK s�, 050882 �� Professional Land Surveying and Design
C N S P.O. Box 153 Aquebogue, New York 11931
FILE #221 -185 SCALE:1 "=30' DATE: SEPT 18, 2021 PHONE (631)298-1588 FAX (631) 298-1588
N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk
INSP;ECT,ION SURVEY'
LOCATION: Lllj ran �� SCTM#:1000-
SUBDIVISION: lAAP#: g�-•Tj-�,Q• LOT(S):
NAME OF OWNER(S):
OCCUPANCY TYPE:
ADMITTED BY: ACCOMPANIED BY:
KEY AVAILABLE: SOURCE OF REQUEST: DATE:
STRUCTUREe� - . .
TYPE OF CONSTRU TION: �Id4 �(/N #STORIES: # EXITS: TW a
FOUNDATION: i BASEMENT: �� CRAWL SPACE:
#OF BEDROOMS 1ST FLOO.R:. 2ND FLOOR' 3RD FLOOR:
BATHROOM(S): TOILET ROOM(S): UTILITY ROOM:
PORCH, TYPE: ;4
DECK,TYPE: PATIO, TYPE:
BREEZEWAY: FIREPLACE: GARAGE:
DOMESTIC HOT WATER: TYPE HEATER: A/C:
TYPE HEAT: ft-:� O C WARM AIR: —� HOT WATER:
# O I HE : FINISHED BASEMENT:
HER
•A ES ' RY..STRU ..
GARAGE,TYPE OF CONST: STORAGE, TYPE OF CONST:
SWIMMING POOL: GUEST,TYPE OF CONST:
OTHER:
VIOLATIONS::.CHAPTER 1�44'&NYS:UNIFOltmI'CODE:
LOCATION: DESCRIPTION: ARTICLE/SECTION:
0 4000, tub
Aj
REMARKS:
INSPECTORS: , n DATE:b
TIME START:'(���t7 TIME END:
711 LINNET
F9 F9
PORCH ABOVE ENCLOSED
PORCH
LIVING OFFICE
BED 1 BED 3
UNFINISHED
STORAGE &
MECHANICALS
BED 2 DINING BED 4
4
CRAWL SPACE BATH KITCHEN
r BASEMENT FIRST FLOOR SECOND FLOOR
900sff 530sff
TOWN OF SOUTHOLD—BUILDING DEPART 4 �,
Qa Town Hall Annex 54375 Main Road P. O. Box 1179 South d 11971-QQ9 Sk
Telephone (631) 765-1802 Fax(631) 765-9502 hops://www:sontholigym1 y.gov,
APPLICAT-ION.,FOR PRE EXISTING.,CERTIFICATE OF:0�0 A
..
OWNERS OF PROPEkii
Name:711 Linnet St Greenport LLC Date:5/8/24
Physical Address: -Lj(05 QX-OwtN 4S* �rcet�por� N`0 u944 SCTM#1000- 48-3-20.1
Phone#: 631-749-3217 Email: hilyamused@gmail.com
Mailing Address: PO Box 591 Shelter Island Hts, NY 11965
E Nc:-CONTACT•'P RSO
Name: James Olinkiewicz
Mailing Address: PO Box 591 Shelter Island Hts, NY 11965
Phone#: 631-749-3217 Email: hilyamused@gmail.com
To apply for a Pre C.O.for an existing building(prior to April 9, 1957) provide the following:
• Accurate Survey
• Floor Plan
• $200 Fee
CONSENT TO INSPECTION
That the undersigned does hereby give consent to the Building Inspector of the Town of Southold to enter upon the
above described property, including any and all buildings located thereon,to conduct such inspections as they may
deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply
with all of the laws,ordinances, rules and regulations of the Town of Southold.
Owner's Signature Date
TY OWNER AUTHORIZATION �-a,(�a,�
(Where the applicant is not the owner) '100
I, residing at the above address,do hereby authorize
to apply on my behalf to the Town of Southold Building Department for
approval as described herein.
Owner's Signature Date
BOARD MEMBERS O�SOU Southold Town Hall
Leslie Kanes Weisman,Chairperson O�� lye 1 53095 Main Road-P.O.Box 1179
p Southold,NY 11971-0959
Patricia Acampora, «:Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ��yCOUMV Southold,NY 11971
RECEIVE®
Q http://southoldtownny.gov �&4
/_ ir, � 1 ,A A
0. r-P � ZONING BOARD OF APPEALS C� l _I ,T
Ian nG' �5 TOWN OF SOUTHOLD SEP 1 9 2022
Tel.(631)765-1809-Fax(631)765-9064 0.
0UN'10 d Town Clerk
FINDINGS,-DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEM 3ER 15,2022
ZBA FILE: 7674
NAME OF APPLICANT: 465 Brown St Greenport,LLC and 711 Linet Street Greenport,LLC
PROPERTY LOCATION: 465 Brown Street, Greenport,NY SCTM No. 1000-48-3-20.1
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply.
dated May 10,2022,stating that this application is considered a matter for local determination as there appears to be
no significant county-wide or inter-community impact.
LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268.
TOWN OF SOUTHOLD PLANNING BOARD: The application was referred to the Southold Town Planning Board
for comment. In a memorandum dated August 29, 2022, the Planning Board states that although the degree of
variance is substantial,the buildings on the lot already exist through prior Zoning Board relief, and that the degree
of density will not change the character of the neighborhood as the surrounding lots are of similar sizes. This would
also include mitigating the sanitary issues,by connecting to the village sewer or upgrading the septic systems of both
lots to a new Innovative Advanced (I/A) system approved by the Suffolk County Department of Health Services.
The Planning Board recommends amending the original variance so that a third single family dwelling is not an
option.
PROPERTY FACTS/DESCRIPTION: The subject property is a 22, 524 sq. ft. non-conforming parcel in a
Residential R-40 district. The property has a 100.00 feet frontage along Brown Street,then turns north for 225.26
feet to a frontage along Linnet Street of 100.00 feet, then returns south 225. 22 feet back to Brown Street. The
property is improved with a one-story two-i family dwelling(mis-labeled on the survey as multi-family)fronting on
Brown Street and a two-story single family dwelling fronting on Linnet Street on this through lot with two street
frontages.
BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14; Article XXIII, Section 280-
124; and the Building Inspector's April 26, 2022 Notice of Disapproval based on an application for a two lot
residential subdivision,at: 1)both lots having less than the code required minimum lot size of 40,000 square feet;2)
Page 2,September 15,2022
#7674,465 Brown Street
SCTM No 1000-48-3-20.1
both lots having less than the code required lot width of 150 feet,3)both lots having less than the code required lot
depth of 175 feet; 4) proposed lot #2 less than the code required minimum front yard setback of 40 feet at: 465
Brown Street,Greenport,NY. SCTM#1000-48-3-20.1.
RELIEF REQUESTED: The applicant requests the following variances in order to subdivide an existing parcel into
two non-conforming lots: '
1. Create a parcel(lot 1)with a lot area of 11,293 sq.ft.where 40,000 minimum square feet is required by code,
a lot width of 100 feet where 150 feet minimum is'required,and a lot depth of 112.5 feet where a minimum
of 175 feet is required.
2. Create a parcel (lot 2)with a lot area of 11,231 sq. ft.where a minimum of 40, 000 is required, a lot width
of 100 feet where a minimum of 150 feet is required,and a lot depth of 112.5 feet where 175 feet is required.
3. To maintain an existing single-family dwelling on proposed Lot 2 fronting on Linnet Street with a front yard
setback of 14.5 feet where a 40 feet minimum front yard setback is required.
ADDITIONAL INFORMATION: According to prior variance relief#3303 dated February 20, 1985 and testimony
by the applicant's agent, the property has been legally developed with three dwelling units (one single family
dwelling and one two-family dwelling)since 1985.
During the public hearing, neighbors testified that they believe the two dwellings may share a common sanitary
system which is a hookup to Greenport Sewer System through an easement from one dwelling within the sewer
district to the other which may not be in the sewer district.No confirmation of the sanitary hookups or onsite septic
for either dwelling was submitted. Neighbors also expressed opposition to the subdivision due to concerns over
rentals and future upgrades to and expansion in size of the existing dwellings by the landlord/property owner.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on September 1,2022 at which time written
and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property
and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law_4267-bQ)(b)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The existing lot was granted variance relief for three dwelling
units in a past ZBA(decision which cleansed up the property that originally had existing non-habitable dwellings,and
trailers. The requested subdivision relief would make the existing parcel more conforming to the code and the
surrounding neighborhood properties,and;although each of the two lots would have non-conforming lot areas,they
would be comparable in size or Iarger than other lots in the immediate neighborhood. Moreover, no additional
residential density would result.Therefore,no undesirable change in the character of the neighborhood will occur.
2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible
for the applicant to pursue, other than an area variance. The proposal requires that relief be granted to create non-
conforming lots which are consistent with the lots in the neighborhood.
3. Town Law 4267-b(3)(b)(3). The variances granted herein is mathematically substantial, with an overall relief
representing approximately 73% relief from the code for the creation of the substandard lot sizes. However, the
resulting parcels will not be smaller than existing neighboring parcels, and in some cases, they will be larger than
other existing parcels in the neighborhood. Land use density will not be increased due to this subdivision. The relief
for the front yard setback of the existing dwelling is mathematically substantial at 63.75% relief. However, that
setback was legally established by a prior ZBA decision and no changes are proposed
Page 3,September 15,2022
#7674,465 Brown Street
SCTM No 1000-48-3-20.1
4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions of
approval imposed.herein.
5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created, The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a property subdivision while preserving and protecting the_ character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New
York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Acampora,and duly carried,
to
GRANT the variances as applied for,and shown on the survey by Kenneth Woychuk,Land Surveying,dated revised
May 4,2022.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The existing dwelling on Lot 1 shall remain a two-family dwelling and shall never contain more than two
dwelling units
2. In the event that the two-family dwelling on lot 1 is demolished or in need of such major repairs as to
constitute a demolition per Town Code definition,the CO for a two-family dwelling shall be extinguished
and only one single family dwelling shall be permitted on lot 1 in conformance with Town Code.
3. The applicant shall submit to the ZBA and Planning Board a corrected survey depicting the one-story
building on Lot 1 as a two-family dwelling and NOT a multi-family dwelling.
4. The dwellings on both lots 1 and 2 shall be serviced by separate sanitary systems,which may be either new
Innovative Advanced IA Wastewater Treatment systems approved by the Suffolk County Department of
Health Services or by hook up to the Greenport Village Sewer District or a combination of both,with proof
of hook up and/or Health Department approval submitted to this Board within three years from the date of
this decision,
5. Any existing sewer easements across one lot to the other shall be extinguished so that both parcels will have
self-contained sanitary systems.
6. Final Revised signed and stamped surveys of both separate lots shall be submitted to this Board, showing
the one-story building fronting on Brown Street as a two-family dwelling,the two-story building fronting on
Linnet Street as a single-family dwelling,and the location and type of sanitary system on each lot.
7. The applicant shall receive subdivision approval from the Southold Town Planning Board.Failure to do so
with render this decision null and void.
This approval shall not be deemed effective until the required conditions have been`net.At the discretion of
the Board of Appeals,failure to comply with the above conditions may render this decision null and
void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not
increase the degree of nonconformity.
Page 4,September 15,2022
#7674,465 Brown Street
SCTM No 1000-48-3-20.1
Any deviation from the survey, site plan and/or architectural drawings cited in this decision,will result in delays
andlor a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey
cited above,such as alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback
or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
IMPORTANT TIME LIMITS ON THIS APPROVAL
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold.any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3)years from the date such variance was granted. The Board of Appeals may,upon written
•request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one
(1)year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE
COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure.
to comply in a timely manner may result in the denial by the Building Department of a Certificate
of Occupancy,nullify the approved variance relief, and require a new variance application with
public hearing before the Board of Appeals
Vote of the Board: Ayes:Members Weisman(Chairperson)Dantes,Acampora,and Lehnert. This Resolution was
duly adopted(4-0)(Member Planamento Abstained)
aesZ1i1eKan/'esWeisman-, Chairperson
Approved for filing 195ai /2022