The URL can be used to link to this page

Home My WebLink About33303-Z FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32670 Date: 10/15/07 THIS CERTIFIES that the building ACCESSORY GARAGE Location of Property: 725 RABBIT (HOUSE NO.) County Tax Map No. 473889 Section 31 LA (STREET) Block 17 EAST MARION (HAMLET) Lot 17 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 25, 2007 pursuant to which Building Permit No. 33303-Z dated AUGUST 9, 2007 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 GARAGE AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5989 DATED 4/19/07. The certificate is issued to ALICE & WILLIAM E LEHMANN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 3046695 09/19/07 PLUMBERS CERTIFICATION DATED N/A 4/' ;/~ A iZ~Signature Rev. 1/81 r -- - -- - l~~'~; ~ \~~ L;L -- lJ l> _u , CEP-;- TC'Vr.: \iF Sr>' 'TI:i9cD Lf77- /2.3 7 Form No.6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled III by typewriter or ink and submitted to the Building Department with the following A. For new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/1 0 of I % lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to Apdl 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: I. Accurate survey of propeliy showing all property liues, streets, building and unusual natural or topographic features. 2: A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied; the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees I. Certificate of Occupancy - New dwelling $25.00J Additions to dwelling $25.00, Alterations to dwelling $25.00, Swinuning pool $25.00, Accessory building $25.00, Additions to accessory building $25.00, Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy - $50.00 5. Temporary Celiificatc of Occupancy - Residential $15.00, Commercial $15.00 Date. 1..0 - .5 - 2.00 T New Construction: / Old or Pre-existing Building: (check one) 12.5 R~e.16,T LJ\NE:. EA'ST House No. . Street Owner or Owners of Property: . A l..~ C.1S .t- W ~ \l \.AlYt L !:' H M fir tJ rJ Suffolk County Tax Map No 1000, Section '3 I . ~":J. 1"1- Block Location of Property: MARLON N.y. 11q>3CY Hamlet Lot Subdivision __ Filed Map. Lot: Pennit No 3:3 '?, ~~ Date of permitj" 'J - ~ r Applicant: j..El-\M~NN Health Dept. Approval: Underwriters Approval: PlarUlillg Board Approval: ___.______ . Request for: Temporary Certificate_ Final Certificate: v (check one) Fee Submitted $ ~5.oo ~. l32.~ col.3,Q' 70 gr~~ Applicant Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33303 Z Date AUGUST 9, 2007 Permission is hereby granted to: ALICE & WILLIAM E LEHMANN 26 WHITE BIRCH CIRCLE MILLER PLACE,NY 11764 for : CONSTRUCTION OF AN ACCESSORY GARAGE FOR LOT 31-18-16 & 31-17-17 PER COVENANT & ZBA CONDITIONS #5989 & TRUSTEES & DEC PERMITS; FLOOD PMT INCL. at premises located at 725 RABBIT LA EAST MARION County Tax Map No. 473889 Section 031 Block 0017 Lot No. 017 pursuant to application dated JULY 25, 2007 and approved by the Building Inspector to expire on FEBRUARY 9, 2009. Fee $ 288.00 l~d- Authorized Signature I ORIGINAL Rev. 5/8/02 ..I!I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I Located at ~ Application Number: I Section: ~ ~ ~ ~ ~ ~ ~ ~ Panels ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I I!I ~1E!IE!Iii! 3/" - 17 - 17 ~ BY THIS CERTIFICATE OF COMPLIANCE THE ~ NEW YORK BOARD OF FIRE UNDERWRITERS ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. BUREAU OF ELECTRICITY 40 FULTON STREET - NEW YORK, NY 10038 CERTIFIES THAT Upon the application of upon premises owned by PLATINUM EAST ELECTRIC 1320 KENNEY'S RD SOUTHOLD, NY 11971, BILL LEHMANN 725 RABBIT LN. EAST MARION, NY 11939 725 RABBIT LN. EAST MARION, NY 11939 3046695 Certificate Number: 3046695 Block: Building Permi!: ~3303 Described as a occupancy, wherein the premises electrical system consisting of electrical devices and wiring, described below, located in/on the premises at: Lot: BDC: n511 First Floor, garage only, Detached Garage, Outside, Attic, A visual inspection of the premises electrical system, limited to electrical devices and wiring to the extent detailed herein, was conducted in accordance with the requirements of the applicable code and/or standard promulgated by the State of New York, Department of State Code Enforcement and Administration, or other authority having jurisdiction, and found to be in compliance therewith on the 19th Day of September, 2007. Name OTY Rate Ratin. Circuit Ixm; 100 8 Wiring and Devices Outlet Fixture Outlet Receptacle Switch Receptacle 9 0 9 0 16 0 9 0 6 0 3 0 Fixture Incandescent General Purpose General Purpose General Purpose GFCI seal I of 1 This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. ~~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. ~r.:.7Z~ ::f'.(I'':'' \If SOU1;"'~", f+$~'~ 'h~, ~ ~ ;:.c ~~. "'*. (g -.: " -'<), ->::: :. ~ '1': ~'" " "';f COUNT{ .\\"::~:. ~ ~,r[J -~.c.&--:'j Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0257C Date October 2. 2007 THIS CERTIFIES that the two-car garage with gutters and drvwells At 725 Rabbit Lane. East Marion Suffolk County Tax Map # 31-17-17 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 5/17/07 pursuant to which Trustees Permit #6658Dated 6/20/07 Was issued, and conforms to all of the requirements and conditions ofthe applicable provisions of law. The project for which this certificate is being issued is for a two-car garage with gutters and drvwells. The certificate is issued to WILLIAM & ALICE LEHMANN owner of the aforesaid property. ~ s<~~ / Authorized Signature DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-02703/00003 e October 13, 2006 FACILITY/PROGRAM NUMBER(S) - PERMIT EXPIRATION DATE(S) Under the Environmental October 12, 2011 Conservation Law NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TYPE OF PERMIT. New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate o Article 15, Title 5: Protection of Waters o Article 17, Titles 7,8: SPDES o Article 27, Title 9; 6NYCRR 373: Hazardous Waste M~nagement o Article 15, Title 15: Water Supply o Article 19: Air Pollution Control o Article 15, Title 15: Water Transport o Article 23, Title 27: Mined Land Reclamation o Article 34: Coastal Erosion Management o Article 15, Title 15: Long Island Wells . Article 24: Freshwater Wetlands o Article 36: Floodplain Management o Article 15, Title 27: Wild, Scenic and Recreational Rivers . Article 25: Tidal Wetlands o Articles 1,3,17,19, 27,37; 6NYCRR 380: Radiation Control o 6NYCRR 608: Water Quality Certifica- o Article 27, Title 7; 6NYCRR 360: tion Solid Waste Manaaement PERMIT ISSUED TO TELEPHONE NUMBER William & Alice Lehmann (631) 331-7009 ADDRESS OF PERMITTEE . 26 White Birch Circle, Miller Place, NY 11764-2523 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Lehmann property, 725 Rabbit Lane, East Marion SCTM # 1000-31-17-17 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Gardiners Bav & FWW I.D. GP-1 DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a 24' x 30' garage and a pervious driveway. The property landward of the functional bulkhead located on Gardiner's Bay, which is greater than 100 ft. in length and was constructed prior to 8/20/77, as shown on survey prepared by Otto W. Van Tuyl & Son dated 1217162 and IR #355, is beyond Article 25 jurisdiction. All work must be done in accordance with the attached plans stamped NYSDEC approved 10/13/06. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Georqe W. Hammarth IDMG) Region 1 Headquarters, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 AUT~~ZEDSIGNA~ DATE Page 1 of 4 __ \7" 7(7/f/! October 13, 2006 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION --c SPECIAL CONDITIONS Freshwater Wetlands 1. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and ground disturbance shown on the approved plan. 2. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 3. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end downslope of any area of ground disturbance. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. 4. Straw bales shall be recessed two to four inches into the ground at all times. 5. All fill shall consist of clean soil, sand and gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. 6. The driveway must be surfaced with a permeable material. 7. All equipment and machinery shall be stored and safely contained greater than 100' landward of the regulated wetland or waterbody at the end of each day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located in an area greater than 100 feet landward of the regulated wetland or waterbody Clt all times. If equipment cannot be stored and safely contained 100 feet landward of the wetland or waterbody at the end of each day, then an absorbent tarp/mat system must be used. The absorbent tarp/mat system must ensure that inadvertent leakage of deleterious substances never reaches the ground or into the regulated wetland or waterbody. The tarp/mat must be large enough so that no part of the equipment over hangs the edge of the tarp/mat at any point. 8. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two (2) days offinal grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 9. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. 10. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY Bldg. #40, Stony Brook, NY 11790-2356 DEe PERMIT NUMBER PAGE 2 of4 1-4738-02703/00003 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the heaith, safety orwelfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as. the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity ofthe watercourse. No claim shall be made againstthe State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. All necessary precautions shall be taken to preclude contamination of anywetiand or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 7. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enciosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by: Joseph A. Ingegno on 9/23/03 and last revised 7/26/06. DEC PERMIT NUMBER PAGE 30f4 1-4738-02703/00003 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, inciuding relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a vioiation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must inciude any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or re9ulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions ofthe Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-02703/00003 . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20, 2007 Mr. & Mrs. William Lehmann 26 White Birch Circle Miller Place, NY 11764 RE: 725 RABBIT LANE, EAST MARION SCTM# 31-17-17 Dear Mr. & Mrs. Lehmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 20, 2007 regarding the above matter: WHEREAS, WILLIAM & ALICE LEHMANN applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 21,2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 4, 5 and 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: installation of gutters and drywells to contain roof runoff, and a line of staked hay bales to be installed prior to construction, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 20,2007, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of WILLIAM & ALICE LEHMANN to construct a two-car garage, with the condition of the installation of gutters and drywells to contain roof runoff and a line of staked hay bales installed prior to construction, and as depicted on the survey prepared by Joseph A. Ingegno, last revised on January 17, 2007, and received on July 13, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 100.00 Very truly yours, J,ml;:;,g g7! ~ President, Board of Trustees JFK/eac No. . rwSff Issued TotJ,tlio.WliAl,.c.t Leh"'At\4 Date '/OKJ/GJ/ Address. ~s THIS NOTICE MUST BE DISPLA YED DURING CONSTRUCTION TOWN TRUSTEES OFFIC~ .TOWNOF SOUTHOLD SOUTH OLD. N.Y. 11971 TEL.: 765-1892 '- TERMS AND CONDITIONS The Permittee William & Alice Lehmann. residing at 725 Rabbit Lane. East Marion. New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: I. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of South old. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of South old require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. , A PEALS BOARD MEMBERS ames Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman r----, ,--, -- I;: http://southoldtown.northfork.net W~1 8 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 ___.__1 Mailing Address: Southold Town Hall 53095 Main Road. PO. Box 1179 Southold, NY ]] 971-0959 Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2007 ZB File No, 5989 - William E. and Alice Lehmann Property Location: 725 Rabbit Lane, East Marion CTM 31-17-17 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. PROPERTY FACTS/DESCRIPTION: The applicant's 16,486 square feet parcel has 104 feet along Rabbit Lane, East Marion, and is unimproved with the exception of two frame sheds and a stone driveway, shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated December 3, 2005, revised July 26,2006. The applicants' ownership of Lot 17 extends to the center of Rabbit Lane, as does the applicants' adjacent dwelling, situated on County Tax Map Parcel 31-18-16. Combined with applicant's house lot, the total area would increase to approximately 22, 786 square feet. BASIS OF APPLICATION: Request for a Variance under Section 280-13A (100-31A), based on an application for a building permit to build a garage, and the Building Inspector's July 28, 2006 Notice of Disapproval which states that the proposed garage is not a permitted use on this vacant property. CODE PROVISION: Zoning Section 280-13A (Use Regulations) authorizes construction of a one- family detached dwelling, not to exceed one dwelling on each lot. Section 280-13A does not authorize a garage as a permitted use without existence of a permitted principal use (dwelling). SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated January 9, 2007, stating that the application is considered a matter for iocal determination as there appears to be no significant county-wide or inter-community impact. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION The applicants wish to build a garage without the need for building a new single-family dwelling. The Board's jurisidiction is limited to the use variance question, and the determination with conditions noted below, to authorize an accessory garage, without the need for a new dwelling. Page 2 - April 19, 2007 ZB File No. 5989 - William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 , Recommendations were issued and transmitted to the Zoning Board of Appeals in a letter dated January 30, 2007, under the procedures provided in Chapter 95, Waterfront Consistency Review of the Town of South old Code and Local Waterfront Revitalization Program (LWRP). Grant of relief with conditions will substantially mitigate the setback concerns on this property because the applicant will not be constructing a sanitary system or a single-family dwelling and agrees to file a Declaration of Covenants and Restrictions in perpetuity for this purpose. The garage will be an accessory use for the purposes of storing the owners' vehicles and personal items without living areas or plumbing or bathroom facilities. The distance between the garage and the road is approximately twice the distance than it would be from the wetland boundary, as shown on the applicant's survey dated July 26, 2006. The recommendation listed in the LWRP recommendation, to place the garage closer to the road, would require additional variance relief creating other nonconformities under Zoning Code Ch. 280. The new garage must comply with Trustee regulations and conditions or recommendations set forth in a Trustee permit. Many of the homes in the area are closer to the wetland boundary than the garage proposed in this application. The applicant has agreed to place covenants and restrictions to prohibit a dwelling on the property, in perpetuity, and this reduces the future impacts of other construction on this waterfront property. The conditions noted in the area variance determination below will mitigate many of the areas addressed in the LWRP recommendations, to the extent the Zoning Board of Appeals has jurisdiction in this application. For these reasons, the Board moves to grant the application as noted in the area variance determination below, resulting in a garage location as an accessory to the applicant's existing, adjacent single-family dwelling at a greater degree of conformity with the Zoning regulations, as well as the LWRP. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 25, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct an accessory a 24'x30' garage on a conforming location on a lot that is construed to be vacant by the Building Department. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Zoning Code does not authorize construction of accessory structures on this parcel (except those receiving variance approval). In many situations, the Zoning Board of Appeals has denied variance requests for an accessory building on a vacant lot, treating those requests under the use variance standards, because the Code requires a single-family dwelling or other permitted principal building as the primary use. The applicant's request is unique in that the applicant owns two adjacent lots, one already improved with their private dwelling, and the other proposed for this garage instead of another dwelling. To build a garage on this side of Rabbit Lane will be similar to the character of the neighborhood which consists of small lots, with building(s) in similar locations. Page'3 - April 19, 2007 ZB File No. 5989 - William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 After careful review of the record, the code states that accessory structures must be accessory to a principal building, or a single-family dwelling. This variance is conditioned upon the applicant recording covenants to go with the land in perpetuity, restricting and merging the applicant's adjacent lands, resulting in a single parcel that with the applicant's house and the proposed garage. The property owner had no objection to these restrictions, and offered, through their attorney, to prepare and file a Declaration of Covenants and Restrictions and restricted deed, or other legal document, with the language approved by the Town Attorney's Office, and filed at the Office of the Suffolk County Clerk. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, is to voluntarily merge the parcel to the north, with the house parcel. This is a unique circumstance, since both lots are owned by the applicant and the land is divided by a private road, which is also owned by the applicants and will continue to provide vehicular access. Both the house lot on the Bay and the vacant lot on Marion Lake, are located near the end of this very narrow road, or right-of-way. 3. The variance granted herein is substantial. 4. The difficulty has been self-created, since the property had been kept as separate lots prior to this application requesting a variance. 5. No evidence has been submitted to suggest that the relief granted herein, in this residential community of narrow waterfront lots, will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the variance as requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a garage as an accessory to their adjacent single-family dwelling, 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 267-8, motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Joseph A. Ingegno, Land Surveyor dated December 3, 2005 and Building Plans prepared by H. Dietz, Penny Lumber dated 6/23/06, subject to the following Conditions: 1) That the applicant's two lots be merged as one, in perpetuity, rather than two separate parcels. This merger will bring the accessory use of the proposed garage into conformity with its use incidental and accessory to the applicant's dwelling, without the need to construct a further single-family dwelling. This merger shall also allow other benefits gained and determined by the Building Inspector to meet the Zoning Code requirements as a single merged parcel (such as increased lot coverage of land which would be applied for a future building permit application for an accessory building or structure, such as a swimming pool, shed, garage) accessory and incidental to the owner's use adjacent (resulting from the larger lot). Page 4 - April 19, 2007 ZB File No. 5989 - William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 2) The merger of the applicants' two lots shall not create interference over or within existing right-of-way or passage easement rights that others may have. 3) The Declaration of Covenants and Restrictions shall contain language approved by the Town Attorney, referring to the conditions set forth in the voluntary merger and set forth in this variance approval, and filed by the applicant with the Suffolk County Clerk, with a conformed (recorded) copies filed with the Town of Southold Zoning Board of Appeals, Building Department, and Assessors Departments for permanent recordkeeping. 4) Written notification shall be sent by both the Zoning Board of Appeals and the applicant's attorney, to the Town of South old Assessors' Department, asking the Assessors to indicate on current and future property assessment cards for the northerly and southerly lot(s), as well as on their permanent database, that the premises are voluntarily merged into a single parcel, and noting these covenant and restrictions of record for permanent recordkeeping purposes That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. 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. Vote of the Board: Ayes: Members Dinizio, Oliva, This Resolution was duly adopted (4-1 . Nay: Member Simon. 5/! /2007 ~~~~~ TOWN OF SOUTHOLD BUILDING DEPT. 765.1802 INSPECTION [ ] FOUNDATION 1 ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INS TION [ ] FRAMING I STRAPPING [ [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION REMARKS: 00 - DATE 10 ftJ3(07 t I INSPECTOR ....... 333036 TOWN OF SOUTHOLD BUILDING DEPT. 765.1802 INSPECTION [ ] FOUNDATION 1ST [ ] RQUGH PLBG. [ ] FOUNDATION 2ND [ ] INS TION [ ] FRAMING I STRAPPING [ FINAL [ ] FIREPLACE & CHIMNEY [] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION REMARKS: 3 /",4-1 W/}SI~/l-S ~~ 6yV ,'S; I (~L- r [104s-, f'/h. Cd.t'/~-t DATE INSPECTOR 33~o3~ TOWN OF SOUTHOLD BUILDING DEPT. 765.1802 INSPECTION [ ] FOU ATION 1 ST [ ] ROUGH PLBG. [ ] F NDATION 2ND [ ] INSULATION [ FRAMING I STRAPPING [] FINAL [ ] FIREPLACE & CHIMNEY [] FIRE SAFETY INSPECTION [ ] RRE RESISTANT CONS1RUC11ON [ ] RRE RESISTANT PENETRAnON REMARKS. ~fi:? ];jSfl!-~ c: ,:;~,- ~ ~. I M~ ~ J;~ bIC- DATE ~ 7 INSPECTOR 33303--c- TOWN OF SOUTHOLD BUILDING DEPT. 765.1802 [~~A~~S~E~]!~~~. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING I STRAPPING [] FINAL [ ] FIREPLACE & CHIMNEY [] FIRE SAFETY INSPECTION [ ] RRE RESISTANT CONS11lUCTION [ ] FIRE RESISTANT PENETRAnON RE ARKS: /., /0 1'( DATE rjtJl INSPECTOR ~ FIELD INSl'ECTION REPORT DATE I COMMENTS t/ \F uJ~ ~~ \Y>-3 (\J"" (\)~~ ~.1~ FOUNDATION (1ST) 7 /~ /V 'I I L. /,.7 -"- ..wl. /).;#"~r '!7I.4.J -1/___1 JM:j- /~ II '7AE~d: Au L. ~ 'V-./ FOUNDATION (2ND) <.J/~J'o? . ~ '/1/ ' "J' / (E-7L z 9 I f 1,;.,01 cYf.. ~ j d -." .-/ ~ ./ VI ~ 1;; ~~ \5> - -l ROUGH FRAMING & PLUMBING --- -- f----.-.--- -.--------- r-'-'--- s= L ~ (\\ ~ INSULATION PER N. Y. STATE ENERGY CODE /0/03 07 .u<-" r/J f' /I jit/.~ r. oF. J5L // / / / A ~ f. ..)~y-_/ /7 I ~ l 1$ FINAL ADDITIONAL COMMENTS ~ d ~ --P-, f'.- fAf) It- Li S -!tv eS qHOJl..Anl/, Or::;.J-n..y C.J () I v . 0 1.-- I~ ~ ? 0 :;, :E ::s z m ;0 ~ .;.. -~ g -.. iJl"l lt~ z =-,;i L:...,-~ >-3 .J:!: ~~ "l:I ~ - - TOWN OF SOUTHOLD' r BUILDING DEPARTMirh' , TOWN HALL SOUTHOLD, NY 1197~ TEL: (631) 765-1802 Ii., FAX: (631)765-9502' '.,' _ : www.northfork.netlSot.imornJ--.PERMIT ~i g33o~c;:; BUILDING PERMIT APPLICA nON CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.SD.E.C. Trustees Contact: !U! 1 5 XI,;; Examined Approved Disapproved ale ,20JlL ,2oci Mail to: 1 . ;).1; 1 0('1'/ -, Phone: 3'r (;'- S-~. b r (~ Expiration J-i t,20 0'1 I ~ f r;JL. Building Inspector APPLICATION FOR BUILDING PERMIT D,,,#.I0- n ,20~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location oflot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a 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 what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoningaIT;endments or other regulations affecting the . property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. '" 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 South old, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. JL,(JJ Q;h.g,~Lt~flQ ~~in~li~~ If7G, y State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder O\Nl\l'E. R. Name of owner of premises Wil\il'\M "'iV\) ALtCE 'LEYlMI\NN (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer ,NI A (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location ofland on which proposed work will be done: 2.5 RI'I Bt Lf\NE f::Asi \"1.ARloJ\l House Number Street \1(r~9 Hamlet County Tax Map No. 100.0. Section Subdivision 3\ Block ~ JJl ; Filed Map No. ( Lot :'....1:.'.; (Name) 2. State existing use and occupancy of premises and intended use and occupancy of prop~sed construction: a. Existing use and occupancy V A c A tJ \" LOT - . b. Intended use and occupancy 2 CA.R GARt\&E 3. Nature of work (check which applicable): New Building Repair Removal Demolition v Addition Other Work Alteration / Estimated Cost 6'. If dwelling, number of dwelling units If garage, number of cars j[ Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. (Description) Fee (To be paid on filing this application) Number of dwelling units on each floor ;r. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories ( Dimensions of entire new construction: Front Height Number of Stories Rear Depth A. Size oflot: Front Rear Depth ..ur. Date of Purchase Name of Former Owner Y Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO V 13. Will lot be re-graded? YES V NO_Will excess fill be removed from premises? YES_ NO V Wil\">l"''' .. Al.\CEZ 2.6 WI{ ITS B lllC.t\ C.I~ 14. Names of Owner of Qremises LEI-\MANN Address 1"l:\\E~ PL, IIl'-lf PhoneNo. 031-331-10D'j Name of Architect PEt'\~~ LlA~BER Address t1l\IN~l'.. bREE"P.~TPhoneNo 4~t - 04-00 r Name of Contractor TBb Address' Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES V NO _ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO_ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTYOF~ v..l i 1\ i j:j VI t;,. LE> 1-1 M 1\ AJ )J being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the () '-<.> j..) C rc (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sw "'1'10 before me this j '-11: day. of \ ~_ I Nota 2~ f)f1~ ( L~ Signature of Applicant MELANIE OOROSKI NOTARY PUBLIC, State of New~ No. 01004634870 Qualified in Suffolk CounlY~ A1\ 1 Cammission EJcpires September 30~Jo Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M. #: \~~~ ~ ~ -9- THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WATER, GRADING, DRAINAGE AND EROSION CONTROL PLAN CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. Item Number: (NOTE: A Check Mark ( ~) for each Question is Required for a Complete Application) 1 2 3 4 5 6 7 8 9 EXEMPTION: Ves No Will this Projecl Retain All Storm-Water Run-Off Generated by a Two (2") Inch Rainfall on Site? (This Item will include all run-off created by site clearing and/or construction activities as well as all Site Improvements and the pennanent creation of impervious surfaces.) Does the Site Plan and/or Survey Show All Proposed Drainage StnJctures Indicating Size & Location? This Item shall include all Proposed Grade Changes and Slopes Controlling Sulface WaterFlow! Will this Project Require any land Filling, Grading or Excavation where there Is a change to the Natural Existing Grade Involving more than 200 Cubic Yards of Material within any Parcel? ~ Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand (5,000) Square Feet of Ground Surface? v Is there a Natural Water Course Running through the Site? Is this Project within the Trustees jurisdiction or within One Hundred (100') feet of a Wetland or Beach? Will there be Site preparation on Existing Grade Slopes which Exceed Fifteen (15) feet of Vertical Rise to One Hundred (100') of Horizontal Distance? ./ Will Driveways, Parking Areas or other Impervious Surfaces be Sloped to Direct Storm.Water Run-Off into and/or in the direction of a Town right-of-way? Will this Project Require the Placement of Material, Removal of Vegetation and/or the Construction of any Item Within the Town Right-of-Way or Road Shoulder Area? (This item will NOT Include the Installation of Driveway Aprons.) / Will this Project Require Site Preparation within the One Hundred (100) Year Floodplain of any Watercourse? NOTE: If Any Answer to Questions One through Nine is Answered with a Check Mark In the Box, a Storm-Water, Grading, Drainage & Erosion Control Plan Is Required and Must be Submitted for Review Prior to Issuance of Any Building Pennit! Ves No Does this project meet the minimum standards for classification as an Agricultural Project? Note: If You Answered Ves to this Question, a Storm-Water, Grading, Drainage & Erosion Control Plan is NOT Requiredl ~ STATE OF NEW YORK, . CO~NTYOF.. ...... ......W.;Ji2S~ ' . That!, ...[,I~... ........................ bemg duly sworn, deposes and says that he/she IS the applicant for Penrut, (Name of individual signing Document) And that he/she is the (Owner, Contractor, Agent, Corporate Officer, etc.) Owner and/or representative of the Owner of Owner's, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed herewith. .~.~~:..~~.:~.~~ZQ.~:~;....... day of .....~...:................... , 200...1 Notary Public: ......~.~................... ~"-MV FORM - 06/07 , I . 'JtIP'ITH T. TERRY . tOWN CLEM 33303 , ' '..... . ,f IU::Cl5rnAn Of VlTI\I. ST^TlS11CS M^nnIAGF. OfTICr:::11 REcOnlJS MNMC€M€NT OITICEll rnEE-DOM OF INfOf1MJ\TlON opnCEn Tllwn 'litll. ~ )Ol.J<; ""1"0 . - '. ""'t r.o. nn.' 117<) Slluthold New.York I I Fu Cl l()l 7fl~.1 R"'",\ Tclcrllllnc i." I(\) 7(,~~i ~" . 0, OFfICE Of THE TOWN CLERI< TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 24, 1993: RESOLVED that the Town Board of the Town of Southold hereby adopts two (2) new forms to be used under We Flood Damage Prevent regulations .J of, the / {\pplica tion" Code of the Town of Southold: "Floodplain Development Pe rmil i .) of Compliance 7/r Develc:pmen t in . ! / [FDP(93)). and ':'Certificate / Special Flood Hazard Area [(IC(93)]. '0 [5;(e; I ,,~ · · I . , 'l .j .' i i~1 0' o - ~. 6Li":;. OC.:PY TOV.;~ OF SOUTHOLD ~~ ~T,T~ Southold Town Clerk August 25, 1993 " , , ., APPLICATION /I PM;E I of 4 TOWN OF SOUTHOLD FLOODPLAIN DEVELOPMENT PERMIT APPLICATION This form is to be ailed out in duplicate. ~ , SECTION I: GENERAL PROVlSIONS (APPLICANT to read aDd si",,): 1. No work may start until a pennit is issued. 2. The permit may be revoked if any false statement.\ arc made herein. 3. If revoked, all work must cease until pennit is re-issued. 4. Development shall DOt be used or occupied until a CertifiCllte o{ Compliance is issued. 5. The permit will expire if DO work is commenced within six montbs of issuance. 6. Applicant is hereby infonned lhat other permit.\ may be required to fulfill local, slale a.nd {ederal regulatory requirements. 7. Applicant hereby gives CODSC.lIt to the lAcal Administrator or his/her representative to make reasonable . inspectioDS required to verify compliance. . 8. l, THE APPLICANT. CERTIFY THAT ALL STATEMENTS HEREIN AND IN A TTACHMEJ'ITS TO . THIS APPLICATION ARE, TO ~~: O..F MY ~ TRUE AND ACCURATE. (APPLICANT'S SIGNATURE) , :~f) ~.. . DATE J' - } (1 ~ <!J '7 . / " / / ../SECTION 2: PROPOSED DEVELO~lhEt-IT (T"Se comolclcd bv APPLICANT) NAME ADDRESS TELEPHONE APPLICANT {D,'IIIa. (V\ ~ !.Jrl(.... LeJlf>1AAJA/ 7Wf<Il.P.8;t-LII"~ F.iI1.HUOA BUIWERC/h Oc.r I€."> /h O~ P ENGINEER Ifl-RRV tufA/'" , L.f7'7./:d ~ PROJECT LOCATION: To avcid delay in pro<:essing tbe applicauon, plca5e provide eDoug.h informalioD (0 =sUy ideDtify tbe project location. Provide the streel addre.<s, lot Durober or legal description (attach) and, out.\ide urban areas, the dislllDCC to the nearest intersecting road or w-cU-knOl,l/ll tiOdmark. A sketch attached (0 this applicalion showing the project 10000uoo would be helpful. rr;I) t9AlJ~;T Lfl-j.)t: I f/f-c:;.ffVIlIR.,';'A ll-/t-J, -~---~-------_._~--~---------~-_._--- FDP(93 ) '.' . , \1' \. " AYPLlCA TIO/\ # PAGE10Fd DESCRIPTION OF WORK (Check all app[jGlble boxes) A STRUCTURAL DEVELOPMHIT ACTIVITY STRUCTURE TYPJ:: l7ResidentioJ (1-4 Family) (A cc.e %; 01"1 <;J1l1lJ'r,,!e) o Residential (More LbaJI 4 Famuy) o Noo-residential (Aoodproofmg? 0 Yes) o Combined Use (Residential & COlllIDercUJ) p 0 Manu(actured (Mobile) Home (10 Manu- (actured Home Park?- 0 Yos) ~ew Structure o Addition o AJlcralioo o Relocatioo o DemoUtion' o Replacement ESTIMATED COST OF PROJECT S '-/ (') (") (') 0 B. OTHER DEVELOPMENT AcnVlTIES: 'J , , / o Fill 0 Mining 0 Drilling 0 Grading o Excavation (Except (or Structural Development Checked Above) o Watercourse Alteration (lncludiog Dredging aod Chanoel ModiJicaliorlS) o Drainage Improvements (Including Culvert Work) o Roa;il, Street or Bridge Construction o SUl.kr;vision (New or Expansion) o ~ilividuaJ Wat~r or Sewer System o Other (Please Specify) ~f After completing SECIlON 2, APPLICANT shouJd subrni{ (orm to Local Administrator (or reVlCW. SECTION 3: FLOODPLAIN DETERMIN,\TION (To be comolcted bv LOCAL ADMINISTRATOR) The proposed development i.s located on FIRM Panel No. . Dated Tne Proposed Devclopmeol: o Ls l!!QI localed in . Special Flood Hazard Area (Notify Lbe .ppUcantlhat Lbe application review is complete and NO FLOODPLAIN DEVELOPMENT pERMIT IS REQUffiED). o ls localed io . Special FlOO<i Huard Area, FIRM LOne dC$.ignation i.s loo-Year nOO<i elevalioo althe ,ile is: FL NGVD (MSL) o Uoavailable o Tbc proposed dcycloprncnl is I001lCd ID a noodway. FBFM Panel No, Daled o See ~cc(ion 01 (or .1drliliof1<11 inqrIJiliufl'; SICtiED DATE '.' .r APPLICATION >II PAGE] OF 4 SECTION 4: ADDITI AL INFORMATION RE UIRED To he com Icled bv L CiIL ADMINISTRA OR The appGcanl musl submil Ihe documenlS checked below belore Ibe applicauon can be processed: o A sile plan sbowing l~C location of all cmLlng struc(uns, water bodies, 3dj~CCDt roads, 101 dimensio05 and proposed devclopmeoL o Development plans, drawn to scalc. and specincal4:Jl15. iocluding wbere applicable: "letalls for ancboring structures. proposed elevalion of lowesl nnor (including bosemeot), lypes of waler resislant materials used below the rust noar. details of Ooodproofw& of ulilities located below the firS! noor and delails of eoclosures below Ibe first noor. Also. o Subdivision or other developmeot plans (Ir tbe subdivisioo or other development exceeds 50 lots or 5 acres, wbichever is the lesser, the applicant !!llill provide lOO-year nood e1evalions if they are oat otherwise available). o Plans sbowing tbe extent or watercourse relocation and/or landCorm a1te...tioDS_ o Top of new Cill elevation FI. NOVD (MSL). o FloadprooCmg protectiao level (oao.residential only) Ft: NOVO (MSL). For Oaodproofed structures, i~pplicaot must attach urtification (rom r~gistered engineer or architect.. / /. /' I o Certification from a'registered engineer that the proposed act.i0..l)' in a regulatory Ooodway will oot result in .@Y increase in the height of Lbc lOO-ycar fiood. A copy of all data and caJculations supporting this rwding must aJso be submiUcd. o Otber. SECTION 5: PERMIT DETERMINATION ITa be camDlcled bv LO<':AL ADMINISTRATOR) I have determined tbat tbe proposed activity: A. 0 Is B.O Is oat in confarmanu with provisions of Local Law rf , 19 The p<:rmil is issued subject 10 the caoditions attached (0 and wade part of lhis ~rmil. - SIGNED ,DATE H BOX A is chcc\.zcd, Ibe Loc..aJ Admio.islralOr may issue a Development Permit upon payment of d-cs;gnated (ct. If ~OX B is checked, lbe Local AdmInistrator will provide 3 wrilleo summary of dCrIClcncic.s. Applicanl may reVlSC and resubmit an appucation 10 the Local Administrator or may request a bearing from (be Board of Appe:Js " '.. . " " " APPLICATION # PAGE,OF' APPEALS App<akd lo Boud or Appeals' 0 Y cs 0 No HeaIlng dale: AppealrEtoardi}ccisioo n_ Apr' oyed? -G-'f=--8-Ne Conditions SE:CTION 6: AS-DUlLT E:LE:VATlONS (To be ,ubm;([ed by APPLICANT before CerlWUle or Comoliance is issued) The foUomng infonnatioD [Dust be provided (or project structures. This section roust be completed ~y a registered professional eogineer or a licensed land surveyor (or attach a certification 10 tlUs application), Complete I or 2 below. 1. Actual (As-Built) Elevation of the lop of ihe lowest noor, including basement (in Coastal Hi"h HaUl'rd Areas. bottom of lowest slrUctural member of the lowest noor, excluding piling and columns) is: FT. NGVD (MSL). ... 2. - "Actual (As-Built) Eleyal;oo of noodproofmg prolect;oo is FT. NGVD (MSL). j , " ", j .. ,l NOT~: Any work performed prior to 5ubmillaJA~( the above i.n1ormatioD is at lhe risk ;;r the Appl,~c.anl. .) ! / / ~ ,) I j SECTION 7: COMPLIANCE AcnON (To be comoleled bv LOCAL ADMINISTRATOR) The LOCAL ADMINISTRATOR will complele lhis sectioo as appliuble based 00 inspection or the project lO ensure compliance with the community's locaJ law for Oood damage prevention, INSPEcnONS: DATE DATE DATE DEFlCIENOES? 0 YES 0 NO DEFICIENCIES? 0 YES 0 NO DEFlClENOES' 0 YES 0 NO BY BY BY SE:CTION B: CERTIFICATE OF COMPLlANCE(To be comnleted by LOCAL ADMINISTRATOR) Ccrtifiule of Compliance issued: DATE BY: '. . " " " , " " " / j Attachment B / 8l'J{P.~E CERTI7'ICATEllF COKPLIANCE for Development in a special Flood Hazard Area '00 J... ~ . " , . I~." . , , II ~ ' ;. .. '. . . TOWN OF SOUTHOLO CERTIFICATE OF COMPLIANCE FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA ------------(-GV,'NER MTlST RETAIN TIns J:ERIIFICATE:) PREMISES LOCATED AT: OWNERS NAME AND ADDRESS: / / J / ) PERMIT NO. PERMIT DATE CHECK ONE: o NEW BUILDING o EXISTING BUILDING o VACANT LAND .-, THE LOCAL ADMINISTRATOR IS TO COMPLETE A. OR B. BELOW: A. COMPLIANCE IS HEREBY CERTIFIED WITH TIlE REQUIREMENTS OF LOCAL LAW # ,19 SIGNED: - DATED: B. COMPLIANCE IS HEREBY CERTIFIED WITIl TIiE REQUIREMENTS OF LOCAL LAW # ,19_. AS MODIFIED BY VARIANCE # DATED SIGNED: DATED: C I C (93) LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lorLmontefusco@town.southold.ny.us SCOTT A. RUSSELL Supervisor PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 11 79 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Building Department Head From: Kieran M. Corcoran, Esq. Assistant Town Attorney Date: August 3, 2007 Subject: William & Alice Lehman 785 Rabbit Lane, East Marion, NY SerM #1000-31-17-16 & 17 This Memorandum will reflect my conversation with the full Zoning Board of Appeals yesterday, August 2, 2007, concerning the referenced building permit application and the Zoning Board decision dated May 8, 2007 relating thereto. In such conversation, the Board unanimously agreed, and asked me to convey to you, that the condition of voluntary merger of the two subject parcels shall be and is satisfied by the filing of covenants and restrictions and notation by the Assessors of such voluntary merger on their official records. I have already approved the covenants and restrictions, which I understand have been filed. I have also spoken to Bob Scott. Mr. Scott has told me his office indicated on the applicable assessment cards and databases that the premises are voluntarily merged into a single parcel and make reference to the covenants and restrictions. Please note that any certificate of occupancy issued shall also make reference to the ZBA conditions imposed by the May 8, 2007 decision. As a result, it appears the condition of voluntary merger has been satisfied, as confirmed by the Board. If you have any further questions, please do not hesitate to contact me. KMC/lk cc: Zoning Board of Appeals Mr. Robert Scott, Assessor ~"";"" "," 631369913813 PAGE 131/01 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 Mailing Address: PO Box 1547 Riverhead, NY .11901 Tel: (631) 369-8200 Fax: (631) 369-9080 <-mail: charles.cuddvlalvorizon.oet July 31, 2007 Kieran M. Corcoran, Assistant Town Attorney Town of Southold P.O. Box 1179 Southold, NY 11971 Re: William E. Lehmann and Alice Lehmann-Rabbit Lane, East Marion SCTM#1000-3l-17-17 allld SCTM#1000-31-18-16 Dear Mr. Corcoran: In reviewing the Zoning Board of Appeals decision of April I?, 2007, I believe it was the Board's intention, as set forth in paragraph 3 of the resolution, that the Declaration of Covenants and Restrictions includes the language recclgnizing the voluntary merger. I submit that paragraph I of the covenant has effectively merged the lots. It states" The owners further agree that lots 16 and 17 shall be sold or transferred together and that neither may be transferred or sold without the other." The idea of a deed being recorded was solely to give a further notice to the purchasers that two lots would be considered as one. The actual merger was completed by the covenant. I believe this is a fair interpretation and would permit the building inspector to issue a building permit. Very truly yours, ~~.~ Charles R. Cuddy tJ CRC/ik JUL 3 1 2.007 :-:-=07/31/2007 15:25 I 6313699080 PAGE 01/01 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 Moiling Address: PO Box 1547 Riverhead. NY 11901 Tel: (631) 369-8200 Fax: (631) 369-9080 e~mail: charles_cuddvrmveri7..on.nct July 31, 2007 JIlA FACSIMILE - 765-6639 Kieran M. Corcoran, Assistant Town Attomey Town of South old P.O. Box 1179 Southold, NY 11971 Re: William E. Lehmann and Alice Lehmann-Rabbit Lane, EaBt Marion SCTM#1000-31-17-17 and SCTM#1000-31-18-16 Dear Mr, Corcoran: I have spoken to Bob Scott, the Town Assessor. He indicated that while he cannot actually merge two (2) lots that have a road or line between them he will indicate on the Assessor' 5 card that these lots are treated as one parcel for building purposes and that only one (1) dwelling may be erected on two (2) lots, I submit that the effect of this notation will be to legally merge the lots. I believe with the notation on the Assessor's card and recording of the covenant that the intention of the Zoning Board of Appeals, that these lots be utilized as one building lot, has been effected, Would you please contact Bob Scott to indicate that the above notation is to be placed on the Assessor's card and he will do so, Very truly yours, CRC/ik ~1~/ Charles R. Cuddy ;J I:. L.-, ':'_.J JUL 3 1 2007 .L; -APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY J 1971 RECEIVED 4-' c1 J :I~f.m . .o:~ Southord Town Crerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2007 ZB File No. 5989 - William E. and Alice Lehmann Property Location: 725 Rabbit Lane, East Marion CTM 31-17-17 SEORA 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 SEORA. PROPERTY FACTS/DESCRIPTION: The applicant's 16,486 square feet parceL has 104 feet along Rabbit Lane, East Marion, and is unimproved with the exception of two frame sheds and a stone driveway, shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated December 3, 2005, revised July 26, 2006. The applicants' ownership of Lot 17 extends to the center of Rabbit Lane, as does the applicants' adjacent dwelling, situated on County Tax Map Parcel 31-18-16. Combined with applicant's house lot, the total area would increase to approximately 22, 786 square feet. BASIS OF APPLICATION: Request for a Variance under Section 280-13A (100-31A), based on an application for a building permit to build a garage, and the Building Inspector's July 28, 2006 Notice of Disapproval which states that the proposed garage is not a permitted use on this vacant property. CODE PROVISION: Zoning Section 280-13A (Use Regulations) authorizes construction of a one- family detached dwelling, not to exceed one dwelling on each lot. Section 280-13A does not authorize a garage as a permitted use without existence of a permitted principal use (dwelling). SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated January 9, 2007, stating that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION The applicants wish to build a garage without the need for building a new single-family dwelling. The Board's jurisidiction is limited to the use variance question, and the detenmination with conditions noted below, to authorize an accessory garage, without the need for a new dwelling. Page 2 - April 19, 2007 ) . ZB File No. 5989 - William E. and Alice Lehmann elM No. 31-17-17 and 31-18-16 Recommendations were issued and transmitted to the Zoning Board of Appeals in a letter dated January 30, 2007, under the procedures provided in Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP). Grant of relief with conditions will substantially mitigate the setback concerns on this property because the applicant will not be constructing a sanitary system or a single-family dwelling and agrees to file a Declaration of Covenants and Restrictions in perpetuity for this purpose. The garage will be an accessory use for the purposes of storing the owners' vehicles and personal items without living areas or plumbing or bathroom facilities. The distance between the garage and the road is approximately twice the distance than it would be from the wetland boundary, as shown on the applicant's survey dated July 26, 2006. The recommendation listed in the LWRP recommendation, to place the garage closer to the road, would require additional variance relief creating other nonconformities under Zoning Code Ch. 280. The new garage must comply with Trustee regulations and conditions or recommendations set forth in a Trustee permit. Many of the homes in the area are closer to the wetland boundary than the garage proposed in this application. The applicant has agreed to place covenants and restrictions to prohibit a dwelling on the property, in perpetuity, and this reduces the future impacts of other construction on this waterfront property. The conditions noted in the area variance determination below will mitigate many of the areas addressed in the LWRP recommendations, to the extent the Zoning Board of Appeals has jurisdiction in this application. For these reasons, the Board moves to grant the application as noted in the area variance determination below, resulting in a garage location as an accessory to the applicant's existing, adjacent single-family dwelling at a greater degree of conformity with the Zoning regulations, as well as the LWRP. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 25,2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct an accessory a 24'x30' garage on a conforming location on a lot that is construed to be vacant by the Building Department. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Zoning Code does not authorize construction of accessory structures on this parcel (except those receiving variance approval). In many situations, the Zoning Board of Appeals has denied variance requests for an accessory building on a vacant lot, treating those requests under the use variance standards, because the Code requires a single-family dwelling or other permitted principal building as the primary use. The applicant's request is unique in that the applicant owns two adjacent lots, one already improved with their private dwelling, and the other proposed for this garage instead of another dwelling. To build a garage on this side of Rabbit Lane will be similar to the character of the neighborhood which consists of small lots, with building(s) in similar locations. Page 3 - April 19, 2007 . ZB File No. 5989 - William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 After careful review of the record, the code states that accessory structures must be accessory to a principal building, or a single-family dwelling. This variance is conditioned upon the applicant recording covenants to go with the land in perpetuity, restricting and merging the applicant's adjacent lands, resulting in a single parcel that with the applicant's house and the proposed garage. The property owner had no objection to these restrictions, and offered, through their attorney, to prepare and file a Declaration of Covenants and Restrictions and restricted deed, or other legal document, with the language approved by the Town Attorney's Office, and filed at the Office of the Suffolk County Clerk. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, is to voluntarily merge the parcel to the north, with the house parcel. This is a unique circumstance, since both lots are owned by the applicant and the land is divided by a private road, which is also owned by the applicants and will continue to provide vehicular access. Both the house lot on the Bay and the vacant lot on Marion Lake, are located near the end of this very narrow road, or right-of-way. 3. The variance granted herein is substantial. 4. The difficulty has been self-created, since the property had been kept as separate lots prior to this application requesting a variance. 5. No evidence has been submitted to suggest that the relief granted herein, in this residential community of narrow waterfront lots, will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the variance as requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a garage as an accessory to their adjacent single-family dwelling, 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 267-8, motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Joseph A. Ingegno, Land Surveyor dated December 3, 2005 and Building Plans prepared by H. Dietz, Penny Lumber dated 6/23/06, subject to the following Conditions: 1) That the applicant's two lots be merged as one, in perpetuity, rather than two separate parcels. This merger will bring the accessory use of the proposed garage into conformity with its use incidental and accessory to the applicant's dwelling, without the need to construct a further single-family dwelling. This merger shall also allow other benefits gained and determined by the Building Inspector to meet the Zoning Code requirements as a single merged parcel (such as increased lot coverage of land which would be applied for a future building permit application for an accessory building or structure, such as a swimming pool, shed, garage) accessory and incidental to the owner's use adjacent (resulting from the larger lot). Page 4 - April 19, 2007 ZB File No. 5989 - William E. and Alice Lehmann eTM No. 31-17-17 and 31-18-16 2) The merger of the applicants' two lots shall not create interference over or within existing right-of-way or passage easement rights that others may have. 3) The Declaration of Covenants and Restrictions shall contain language approved by the Town Attorney, referring to the conditions set forth in the voluntary merger and set forth in this variance approval, and filed by the applicant with the Suffolk County Clerk, with a conformed (recorded) copies filed with the Town of South old Zoning Board of Appeals, Building Department, and Assessors Departments for permanent recordkeeping. 4) Written notification shall be sent by both the Zoning Board of Appeals and the applicant's attomey, to the Town of Southold Assessors' Department, asking the Assessors to indicate on current and future property assessment cards for the northerly and southerly lot(s), as well as on their permanent database, that the premises are voluntarily merged into a single parcel, and noting these covenant and restrictions of record for permanent record keeping purposes That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. The Board reserves the right to substitute a simiiar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Oliva, This Resolution was duly adopted (4-1 . Nay: Member Simon. es Dinizio Jr., Ch Approved for Filing 5/! /2007 RECEIVED -+ ~ \ " I~p.m. ~rJ~ Southold TOW;~I~~k~ 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 5 Receipt Number : 07-0069576 Recorded: At: LIBER: PAGE: Section: Block: 031.00 17.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt NO NO NO NO NO District: 1000 Page/Filing COE TP-584 Cert.Copies SCTM Handling NYS SRCHG Notation RPT $15.00 $5.00 $0.00 $6.25 $0.00 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County --..-' 07/30/2007 12:40:32 PM 000012515 723 Lot: 017.000 $5.00 $15.00 $0.00 $50.00 $96.25 Exempt NO NO NO NO 1540-5Z4, 1540-574 Insulated Flood Vent Installation Type: Overhead Garage Doors Style: Louvered or Insulated 2 Sizes Available: Dimension: .8 x 16 (514-524) Rough Opening: 16W' x 7 y,j" (cut through door) Dimension: 14.5 x 8.5 (514-574) Rough Opening: 14 y," x 8 ;;''' Finish: White (Standard) Available Colors For Order: .... White Wheat Gray Black Stainless Other Models Available: Insulated Flood Vent, Dual Function Smart Ven~, Quad Units, Stacked Units, and Models for Wood Studded Wall Applications. There's more online at www.smartvent.com Dealer Locator, Installer locator, Cad Drawings, Installation Instructions, Technical Specifications, Frequently Asked Questions, Video, Testimonials, Resource Library Database. Overhead garage doors require flood protection too. Hydro-static pressure caused by rapidly rising flood waters can easily destroy the average garage door. Choose the correct model: Along with the options for size we also offer two model choices. The first is a dual function model that will give you automatic flood protection alorig With automatic ventilation. This model only comes in 16" x 8" size. The second is our Insulated model that seals out the cool or warm air, but opens as flood water rises. This model comes in both sizes. Retrofitting Easy installation (All hardware is included) makes this model ideal to retrofit into an existing garage door. A stainless steel frame cleanly installs into the door with only four (sUpplied) stainless steel screws and nuts. How it works:. Flood Protection: The SMART VENT"' door is latched closed until flood water enters. Entering flood water lifts the patented internal floats which unlatches and rotates the door open. This allowS the flood water to automatically enter and exit through the frame opening, relieving the pressure from your foundation walls_ Ventilation: A bimetal coil (like a thermostat, no electricity is needed) automatically opens ahd closes the ventilation louvers as temperature changes. They will be closed when it is freezing outside and open when it is warm outside to provide natural ventilation. 2" x 15'1,,' ;. www.smartvent.com.877-441-8368 L Overhead/Garage Door Flood Vent Dual Function SMART VEN~ and Insulated Flood Vent ~. ICC-ES Evaluated and FEMA Accepted Foundation Flood vents . Potential savings on homeowner's NFIP premiums . Preserves aesthetic beauty of a home by requiring 2/3 less vents . Each vent certified to protect 200 sq. ft. of your home . Code Compliant, FEMA accepted, ICC-ES Evaluated . All Stainless Steel construction meets or exceeds flood and corrosion resistance code requirements . Patented automatic floats release bi-directional flood door . Temperature controlled louvers on dual function models automatically open in warm weather and close in cold weather One 8" x 16" vent is certified to cover 200 square feet of enclosed area for flood protection. The Overhead Door Model can be installed into a standard garage door, providing 200 square feet of flood protection per each vent. A typical garage (less than 600 sq/ft) requires only three vents in total to become compliant with the NFIP requirements and building codes. Two sizes are available depending on the size of the panel. ~~ SMART VENT www.smartvent.com. 877-441-8368 " ~ PECORe'ED 2007 Jul 30 12:40:32 PM Judith H. Pascale CLEPK OF SUFFOLK COUtHV L D00012515 F. -'c,' r .....~, Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee es-=- Handling 5. J){L Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or TP-584 Notation EA-52l7 (County) Sub Total c~c Spec. / Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for Appointment _ Transfer Tax Mansion Tax EA-5217 (State) R.P. T.S.A. .5n 00 The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Comm. of Ed. 5. 00 Affidavit ---- W rtified CoP." \ ' . Co .,)( Reg. Copy Other /5/ I ~ Section Block 17 Lot 17 16 5 Communit Preservation Fund 31 31 1000 1000 18 03100 1700 03100 1700 017000 016000 Consideration Amount $ CPF Tax Due $ Improved Vacant Land ~ SatisfactiOlU.LJ.l..,,,,uall:;I;;';'lI1'-\:.>1\;;.a:-.c LIM .nu!-,cILY VWlJl;lS lVli:UUllg f'\.uuress RECORD & RETURN TO: TD Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 TO TO 7 Title Company Information Co. Name Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached COVENANT (SPECIFY TYPE OF INSTRUMENT) made by: William E. Lehmann and Alice Lehmann The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold In the VILLAGE or HAMLET of East Marion Town of South old BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) --"--- ---- - Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that vou may be billed directlv for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31 s1. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, ~t~l~~ Edward P. Ramaine Suffolk County Clerk , COVENANT THIS COVENANT, made this 30 day of July, 2007, by William E. Lehmann and Alice Lehmann, having a mailing address at 730 Rabbit Lane, East Marion, New York 11939 hereinafter referred to as the "Owners" or "Declarants": WITNESSETH: WHEREAS, the undersigned are the owners of210ts at Rabbit Lane in East Marion, identified on the SCTM#1000-31-17-17 and 1000-31-18-16, respectively set forth at Schedule A and Schedule B attached hereto; WHEREAS, the lots would be contiguous except for a 10 foot wide right of way known as Rabbit Lane and; WHEREAS, the Town of Southold Zoning Board of Appeals has previously recognized an accessory use on the lot identified on SCTM#1000-31-17-17 and; WHEREAS, the above tax lot #17 is used for the parking of vehicles, storage of gardening equipments and includes recreational uses and; WHEREAS, the owners wish to erect a 2-car garage on the tax lot #17 and have agreed not to treat it as a separate lot and to use it solely as accessory to their home and; WHEREAS, the owners are willing to agree that no dwelling shall be erected or placed on the above lot and; WHEREAS, this sterilization of the lot for dwelling purposes will reduce the density of the neighborhood in which the lot is located; NOW, THEREFORE, for and in consideration of being permitted by the Town of Southold to construct a garage of 30' X 24' on lot 17 William E. Lehmann and Alice Lehmann agree for themselves, their successors and assigns that no dwelling shall be erected or placed on lot 17. 1. The owners further agree that lots 16 and 17 shall be sold or transferred together and that neither may be transferred or sold without the other. 2. The owners further agree that this covenant shall bind themselves, their successors and assigns and all persons or entities claiming under or from them and that this covenant shall run with the land. 3. This covenant shall be enforceable by the Town of South old by injunctive relief or by any other remedy in equity or at law. - I - . COUNTY CLERK'S OFFICE STATE OF NEW YORK 55.: , COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original pesJaration RECORDED in my office on 1'l~..~,M:!.:t. under LIBER ...1.1..).12..... PAGE .....7.;);!::?. and, that the same is /iftrue copy thereof, and of the whole of such original. _ In Testimony Whereof, I have he~:Jtnto set my ~Ld and affixed the seai of said County and Court on this ..2.Q......... day of ..1-."(1..............' 20 Q..r. 12-0245p.0l/07kd CLERK Q.1:..1..~''!:I....a:..4.~-:.~..~.~...-:." 4. Declarants shall record this covenant in the land records ofthe Office of the Clerk of the County of Suffolk, State of New York. 5. The within Covenant is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarants above named have executed the foregoing Declaration the day and year first above written. .*~~eJJ~~/ William E. Lehm cl)J" <-L Alice Lehmann STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the);:, day of -;;",/)/ ,2007, before me, the undersigned, personally appeared WILLIAM E. LEHMANN, 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 he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. N CHARLES R. CUDDY 0laIy Public, State of New York No. 5872225 Comml~~~I1lExped 1~Il8Su1fD olk County ecember31.20La' On the Jo day of ~'-<-(Y' ,2007, before me, the undersigned, personally appeared ALICE LEHMANN, personallyknown 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. STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) N CHAR~ES R. CUDDY 0laIy Public, State 01 New York No. 5872225 C Q!Jalifled In Suffolk County ommlsslon expires December 31, 2oa1 -2- o_c.t?cy Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of a private road known as Rabbit Lane, distant 690.28 feet easterly from the corner formed by the intersection of the southerly side of Rabbit Lane with the easterly side of Bay Avenue; THENCE along the southerly side of Rabbit Lane, North 51 degrees 24 minutes 40 seconds East, 60 feet to the westerly side ofland now or formerly of Brown; THENCE along land of Brown, South 39 degrees 52 minutes 30 seconds East, 116 feet to the northerly side of Gardiners Bay; THENCE along the ordinary high water mark of Gardiners Bay on a tie line bearing South 47 degrees 58 minutes 30 seconds West, 66.34 feet to the easterly side ofland now or formerly of Cyriacks; THENCE along land now or formerly ofCyriacks, North 36 degrees 48 minutes 30 seconds West, 120 feet to the southerly side of Rabbit Lane, to the point or place of BEGINNING. SCHEDULE B ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Rabbit Lane, distant 685.33 feet easterly from the comer formed by the intersection of the easterly side of Bay A venue with the northerly side of Rabbit Lane; THENCE along the easterly side ofland now or formerly of Rackett, North 34 degrees 12 minutes 40 seconds West, 152 feet to the southerly line of Marion Lake; THENCE along Marion Lake North 60 degrees 14 minutes 30 seconds East, 104 feet to the westerly line ofland now or formerly of Brown; THENCE along land of Brown South 34 degrees 12 minutes 40 seconds East, 136 feet to the northerly side of Rabbit Lane; THENCE along the northerly side of Rabbit Lane South 51 degrees 24 minutes 40 seconds West, 104 feet to the point or place of BEGINNING. -.- ~1 4: 1 - ..- ',. . . , 0:. , ... ", ,. ,,' ~ ... .., T. :-..' ; --:- .' ... ." " : , ", ,- " ...~J;: " "I ~..':--.: . -~ ~ I ., '. RjtJf~~ '.;14'~' . I~.f~~' J" ,-~.t ',', " .. -F~~.',: j.i>.. ~,,~. ~~~~.~ ... . i=Ili'" :,..... ... .> .,~ ~~~t.,a:~. ..X.... --'1" - .~.~~~ :J'-~, c;~> j_ r"':,., 'f~..-'''' - ~. /, . . ;.,l-.. Al'. - '. So II _.". r , ~ ~. ~.... .... ). ''''::' ~ .l,o.('.:(t;.n .~ .~~' y r'", I i ' " <GOtt~ ird~ ~ ~ I ~ . ~ ~. ...-.- j"." -~ --< -==-_::=- -.- ~ .- "~ ~-:=-~~ -~-- -- ~._-, ---.- - -' - .- -"If · . ~ L'],J ~'[p"~"'%' .lI ~~": ~ II, ")t ......, . II ....~ . ~"'~ __Ill'" ,...... ~~:f ~ fA ~.. t' q "RiJj!l.M;;. Il' ;II !> \, ( '- Overhead/Garage Door Flood Vent Dual Function SMART VENJ<<l and Insulated Flood Vent I , ICC-ES Evaluated and FEMA Accepted Foundation Flood vents . Potential savings on homeowner's NFIP premiums . Preserves aesthetic beauty of a home by requiring 2/3 less vents . Each vent certified to protect 200 sq. fl of your home . Code Compliant, FEMA accepted, ICC-ES Evaluated . All Stainless Steel construction meets or exceeds flood and corrosion resistance code requirements . Patented automatic floats release bi-directional flood door . Temperature controlled louvers on dual function models automatically open in warm weather and close in cold weather One 8" x 16" vent is certified to cover 200 square feet of enclosed area for flood protection. The Overhead Door Model can be installed into a standard garage door, providing 200 square feet of flood protection per each vent. A typical garage (less than 600 sq/ft) requires only three vents in total to become compliant with the NFIP requirements and building codes. Two sizes are available depending on the size of the panel. ~~ SMART VENT www.smartvent.com. 877-441-8368 1540-524,1540-574 Insulated Flood Vent Installation Type: Overhead Garage Doors Style: Louvered or Insulated 2 Sizes Available: Dimension: .8 x 16 (514-524) Rough Opening: 16\4" x 7 Ya" (cut through door) Dimension: 14.5 x 8.5 (514-574) Rough Opening: 14)1," x 8 %" Finish: White (Standard) Available Colors For Order: .... White Gray Stainless Wheat Black Other Models Available: Insulated Flood Vent, Dual Function Smart Ven~, Quad Units, Stacked Units, and Models for Wood Studded Wall Applications. There's more online at www.smartvent.com Dealer Locator, Installer locator, Cad Drawings, Installation Instructions, Technical Specifications, Frequently Asked Questions, Video, Testimonials, Resource Library Database. Overhead garage doors require flood protection too. Hydro-static pressure caused by rapidly rising flood waters can easily destroy the average garage door. Choose the correct model: Along with the options for size we also offer two model choices. The first is a dual function model that will give you automatic flood protection along with automatic ventilation. This model only comes in 16" x 8" size. The second is our Insulated model that seals outthe cool or warm air, but opens as flood water rises. This model comes in both sizes. Retrofitting Easy installation IAII hardware is included) makes this model ideal to retrofit into an existing garage door. A stainless steel frame cleanly installs into the door with only four (supplied) stainless steel screws and nuts. How it works: Flood Protection: The SMART VENT'" door is latched closed until flood water enters. Entering flood water lifts the patented internal floats which unlatches and rotates the door open. This allows the flood water to automatically enter and exitthrough the frame opening, relieving the pressure from your foundation walls. Ventilation: A bimetal coil !like a thermostat, no electricity is needed) automatically opens and closes the ventilation louvers as temperature changes. They will be closed when it is freezing outside and open when it is warm outside to provide natural ventilation. 2" X 15'14" www.smartvent.com.877-441-8368