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HomeMy WebLinkAbout33117-Z FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Date: 08/11/08 110: Z-33211 THIS CERTIFIES that the building ADDITION Location of Property: 1260 NORTH (HOUSE NO.) county Tax Map 110. 473889 Section 70 BAYVIEW RD EXT (STREET) Block 12 SOUTHOLD (HAMLET) Lot 32 subdivision Filed Map 110. Lot 110. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 1, 2007 pursuant to which Building Pennit 110. 33117-Z dated JUNE 7, 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 SCREENED PORCH ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR AS PER ZBA #6022, DATED 5/10/77. The certificate is issued to LINDA D BERTANI (OWNER) of the aforesaid building. SUFFOLK COORTY DEPAR~ OF IlEALTH APPROVAL N/A ELECTRICAL CERTIFICATE 11IO. 4006084 07/15/08 PLUMBERS CERTIFICATION DATED N/A ~9-~ ~uyforiz d Signature Rev. 1/81 Form No. 6 TOWN OFSOUl'llOLD BUILDING DEPARTMENT TOWN HALL 165-1802 ~_ ~J '-,"\ r ~'r -,...,\ I? :",,",., " I I. I' ... I ,', ,I,' .._~ , _._ :__L;_.,,_...... !S )i .-T~,~ I ~ _..~ ..,L--} -7 ~r: L._. ~ l APPLICATION FOR CERTIFICATE OF OCCUPANCY r~,' ----1.L. This application must be filled in by typewriter or ink and submitted to the Building Department wilh lhe following: A. For new building or new use: 1. Final survey of property wilh lICCUIlIte location of all buildings, property lines, streets, and unusual natural or topographic features. . 2. Final Approval from Hea1lh Dept. ofwater supply and sewerage-disposal (S-9 form). 3. Approval of electrical iusfaIlation from lloard ofFite Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1 % lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installatious, a certificate of Code Compliance from architect or engineer respoIIS1ole for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) DOn-confOrming uses, or buildings and "pro-existing" land uses: I. Accurate survey of property showing all piojlerty lines, streets, building and-unusual natural or topographic ~tures. . 2. A properly completed application and consent to inspect signed by the appliCllllt. If a. Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to lhe applicant. C. Fees .1. Certificate of Occupancy - New dweIling $25.00, Additions to dwelling $25.00, Nterstions to dweIling $25.00, Swimming 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 Certificate of Occupancy - Residentia1 $15.00, Commercial $15.00 Date. (1 U-- J (check one) 7 2cJo'/ Location of Property: \:,w House No. Old or Pre-existing Building: On)" ,'(J\) L Dr, ~ Street lu,~<--- O. /' New Construction: -.fa1.A.'tho I.!-- Hamlet 10 V6u-~'\ \"2.- Lot ~ 2.. Owner or Owners of Property: Suffolk County Tax Map No 1000, Section Block Subdivision Permit No. '?> ?> \ \ f"j ::t:: Heallh Dept. Approval: Filed Map. Date OfPermit.~APPlicant: ~t'I f'I Underwriters Approval: Lot: 8u-\o.n- \ A l6r 3nc... 1/ Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ Ii ( (/0 - ~v ~~3~\ l {1(/ 'I Y1;?; --~ ~ Final Certific;t~\l: ./ (check one) cr~C)-~ Applicant Signature ;>;' 33~'f @].@] ~ BY THIS CERTIFICATE OF COMPLIANCE THE ~ ~ NEW YORK BOARD OF FIRE UNDERWRITERS ~ ~ BUREAU OF ELECTRICITY ~ ~ 40 FULTON STREET - NEW YORK, NY 1 0038 ~ ~ CERTIFIES THAT ~ ~ ~ ~ Upon the application of upon premises owned by ~ ~ ~ ~ G & S ELECTRICAL CONTR. JOHN BERT ANI ~ ~ P.O. BOX 215 1380 OAKWOOD DR ~ ~ SOUTHOLD, NY 11971, SOUTHOLD, NY 11971 ~ I Located at 1380 OAKWOOD DR SOUTHOLD, NY 11971 I ~ Application Number: 4006084 Certificate Number: 4006084 ~ I Section: Block: Lot: Building Permit: . BDC: ns11 I ~ Described as a Residential occupancy, wherein the premises electrical system consisting of ~ ~ electrical devices and wiring, described below, located in/on the premises at: ~ ~ First Floor, sun room, ~ ~ 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 15tb Day of July, 2008. ~ ~ ~ OTY Rate Ratin. ~ ~ ~ ~ ~~~ ~ ~ Fixture 6 0 Incandescent ~ rnJ Outlet 4 0 Gen, Purpose rnJ ~ Outlet 6 0 Fixture ~ ~ Paddle Fan 1 0 ~ ~ Receptacle 1 0 GFCI i?J ~ Receptacle 2 0 Gen, Purpose ~ ~ Switch 2 0 Gen, Purpose ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ seal ~ ~ 1 of 1 ~ ~ ~ ~ ~ I This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. I @]~.I!I ., 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. 33117 Z Date JUNE 7, 2007 permission is hereby granted to: LINDA D BERTANI 13 8 0 OAKWOOD DR SOUTHOLD,NY 11971 for : SCREENED PORCH ADDITION PER ZBA DECISION #6022 AS APPLIED FOR at premises located at 1260 NORTH BAYVIEW RD EXT SOUTHOLD County Tax Map No. 473889 Section 070 Block 0012 Lot No. 032 pursuant to application dated JUNE 1, 2007 and approved by the Building Inspector to expire on DECEMBER 7, 2008. Fee $ 200.00 ~CJL- I Authorized Signature ORIGINAL Rev. 5/8/02 TOWN OF SOUTHOLD BUILDING h;PARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 PERMIT NO. ~3117h BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 3 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: r,{7 ,20E- ,,!?-,2oszL f.:- '({,1rJ. , , Examined Approved Disapproved ale Mail to: Expiration IJ-h ,20~ I Phone: I' ," .' -(fit , Building Inspector --~-_...-..p... 'JIl-'K II APPLICATION FOR BUILDING PERMIT , ._~._. - --..-I Date 'II yJ ,20~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Pennit. d. Upon approval ofthis application, the Building Inspector will issue a Building Pennit to the applicant. Such a pennit 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 pennit 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 zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the pennit for an addition six months. Thereafter, a new pennit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ofa Building Pennit pursuant to the Building Zone Ordinance ofthe Town of Southold, 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. -.A JiLl n,:) ~7nJ I (Signature of applicant or name, if a corporation) /1130 o,<JKoJovd j};2/{/6~ c:::. _ . . ,(}1ai]i1y,Laddress of ,,!,plicant) ~~ ~1197/ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder {)tlJ)IJ tfrC Name of owner of premises B~.4A11 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer ,(/MdA (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location ofland on which proposed work will be done: /.3fitJ tJ-4,et<,J<t!)CJC' 1)4/tlt!:? House Number Street County Tax Map No. 1000 Section Subdivision 70 ..?6 uYi" t.O Hamlet . ~"":o: V."'" 'VJ /tiYwr,'I" C'" , . v<,nr.:llt, '2.. Block f"'. oJ . Lot'.' . F'led M N .0,' Lo . ., 1 ap O:--~.""" . t.. (Name) ,: ""'" ',~_. 2. State existing Ilc~~ and occupancy of premises and intended use and occupancy of proposed constructiett: a. Existing use and occupancy-:: (:J"u~ hff?/?y ~tAJ~/,a''' , , b. Intended use and occupancy &dl9 F~I'cr- 3. Nature of work (check which applicable): New Building Repair Removal Demolition .l)w~",/ Addition ,/ Other Work Alteration (Description) 4. Estimated Cost :2 0, d7rO Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. y 7. Dimensions of existing structures, if any: Front .5 E:> Height j ,,' Number of Stories Rear r I ,;:>1:> Depth 3 3> ~ 59 I a. Dimensions of same structure with alterations or additions: Front Depth '11 of. li9 r Height :3....0 ( Number of Stories Sf' Rear .50 I ,;< 8. Dimensions of entire new construction: Front /7 Height H?' Number of Stories , /7' Depth /~r" 9. Size oflot: Front /1 (J r Rear 1-/&. ~7 Rear I Depth .2 p~ r '2,:2. 10. Date of Purchase 1?,t1! Name of Former Owner /y,e 4/, ;(_o/Z..,;Jr II. Zone or use district in which premises are situated R~~, ........~~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO I/"'" 13. Will lot be re-graded? YES_NO hill excess fill be removed from premises? YES_NO ~ 14. Names of Owner of premises "&,,v,,-?# ~Address Name of Architect ~M A/ Y '<:,'hfWJIIr~ Address Name of Contractor fJa)U.nz.- Address /'j.f.o ~'_II' ~one No. Phone No Phone No. 17".6 ~ ~ 47;- ~ d IS a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _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: COUNTY OF .S'"r=Fblf() ~,ul'.?.o f3~r/1Ai'/ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the o \yi1 c:v (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. swo{to be.fore me thiCj.p~ ,-./" I ~Of::a';: ~ ~ary Public lYNDA M SOHN NOTAllY PUBLIC, State of ..,York NO. 01 B06020932. Suffolk ~~nty Term Expires March 8, 20 dULdc-J ~~ Signature of Applicant v ~~fl)~ TOWN OF SOUTH OLD BUILDING DEPT. 765.1802 INSPECTION [ ] FOUNDATION 1ST [ ] FOUNDATION 2ND [ ] FRAMING I STRAPPING [ ] FIREPLACE & CHIMNEY [ ] RRE RESISTANT CONSTRUC'nON REMARKS: DATE [ ] ROUGH PLBG. [ ] I~ATION [4INAL [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT PENETRATION . INSPECTOR r -I' FIELD INSPECTION REPORT DATE I COMMENTS \)j t)J;;l FOUNDATION (1ST) :::~ ....J.., - (tj"" ------------------------------------ 2' .t' "' >-~ FOUNDATION (2ND) () ~~ "'- z 9 - ~ (/) 0 .., [;l ROUGH FRAMING & ~ l'l PLUMBING .., t '", --- -- ,:I ( " I- ~--- - --- -"----_.~~-~~ l := ------- &'~ INSULATION PER N. Y. .., STATE ENERGY CODE f T . - Ii ~Yr/n {-' AJ... -' CL? ~ II I // ~'l,,_ . r Y, ~",--, ' ff~ _J.-_~ -' ;;: // / / / // ./ J:, V / rl.. FINAL ~ ~ ADDITIONAL COMMENTS ~ - ~ (: -0 ::E r-~ -::0 ~ -, -l'l <v~ ~ ~ o .., I>::: - 0 Z c..~ ~ ~ J := 0 l'l ... ~ APPEALS BOARD MEMBERS James Dinizio. Jr.. Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Lesl ie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex IFirst Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 -.- .-_. -. -- - - :';'!i; 1::-'\1 http://southoldtown.northfork.net ~IAY I ~ ~':7 '-.i.~\ ::~:~)~6~.~~R~E:~f~~: -~. '~_~~GS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2007 ZB File No. 6022 - Linda D. Bertani Property Location: 1380 Oakwood Drive, Southold CTM 70-12-32 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 30,492 square foot non-conforming parcel in an R- 40 District at Goose Creek with 110 feet along Oakwood Drive and 275 feet along North Bayview Road. The property is improved with an existing two-story, single-family dwelling, as shown on the June 9, 1986 survey amended February 2, 2007, by John Metzger (Peconic Surveyors, P.C.). BASIS OF APPLICATION: Request for a Variance under Sections 280-122A and 280-124, based on applicant's January 22, 2007 application requesting a building permit to construct a porch addition and the Building Inspector's Notice of Disapproval stating that the new addition will constitute an increase in the degree of nonconformance under Zoning Code Interpretation #5039 (Walz) when constructed less than 40 feet from the front lot line at North Bayview Road. 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 April 5, 2007 states 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 268 -LWRP DETERMINATION: The proposed porch addition, replacing an existing deck, is greater than 100 feet from Goose Creek as shown on the February 2, 2007 revised survey and is determined exempt under Chapter 268. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 26, 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: Owner/applicant proposes to add two exterior walls and a roof to their existing dwelling to create an enclosed three-season, one-story addition with a 17' x 14'3" floor deck over a raised patio/deck existing at the rear of the home adjacent to the front yard of North Bayview Road. Page 2 - May 10, 2007 ZB File No. 6022 - Linda D. Bertan; CTM No. 70-12-32 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 applicant proposes a screened porch addition to replace a patio that exists at the south side of the home. The porch will contain electricity but without not contain plumbing or heating because use will be during the three seasons of the year that will not require heat. The porch will be built over the existing raised deck without any extension beyond the house. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed addition will occupy the place of the existing raised deck, maintaining and preserving the existing 36-foot nonconforming setback. 3. The variance granted herein is not substantial. The dwelling will maintain the same nonconforming front yard setback, and the porch will not extend past the first floor of the existing house. 4. The difficulty has not been self-created. It is a result of the fact that the property is a corner lot and must meet two code-required front-yard setback requirements. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a screened porch, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the 6/9/2006 survey, amended 2/2/2007 by John Metzger, and the 3/30/2006 Elevation/Floor Plan #2747 prepared by John Rabkevick/Penny Lumber. 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 Dini' (Chairma~OIiV' Goehringer, Simon, and Weisman. Resolution was duly adopted (5-0). ~ mes Dinizio Jr., Chalrma Approved for Filing This " " JAMES]. DEERKOSKI, P.E. 260 Deer Drive Mattituck, N.Y. 11952 (631) 298-7116 Date: August 7,2008 To: Town of Southold Building Dept -\ G '" I I ~ ! ,. Re: StrappinglFraming Inaspection Linda Bertani 1380 Oakwood Dr. Southold, NY 11971 Permit# 33117Z L o I "---.1 To Whom It May Concern: This letter certifies that all wind strapping on the above mentioned project is in tact, and meets all state and local building codes. A Framing Inspection was also Performed on this Structure, and all framing was done correctly and also meets all state and local building codes. Any questions please feel free to call. ~, '\. Sincerely . Deerkoski P.E. '~ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 1-4738-03544I00001 FACILlTYIPROGRAM NUMBER(S) o EFFECTNE DATE Ja 5,2006 EXPIRATION DATE(S) PERMIT Under the EnvIronmental Conservation Law January 4, 2011 TYPE OF PERMIT. New 0 Renewal 0 ModifICation 0 Perm~ to Construct 0 Perm~ to Operate o Article 15, Tolle 5: Protection of Waters o Article 17, Titles 7, 8: SPDES o Article 27, Tolle 9; SNYCRR 373: Hazardous Waste Management o Article 15, Title 15: Water Supply o Article 15, Title 15: Water Transport o Article 19: Air Pollution Control o Article 23, Tolle 27: Mined Land Reclamation o Article 34: Coastal Erosion Management o Article 15, Trtle 15: Long Island Wells o Article 24: Freshwater Wetlands o Article 36: Floodplain Managemerrt o Articles 1, 3, 17, 19, 27, 37; 8NYCRR 380: Radiation Control o Article 15, Title 27: Wild, Scenic and Recreational Rivers . Article 25: Tidal Wetlands o SNYCRR 808: Water Qual~ Certifica- o Article 27, T~le 7; SNYCRR 380: tion Solid Waste Ma"""ernent PERMIT ISSUED TO -c- TELEPHONE NUMBER Linda D. Bertani (631) 765-1594 ADDRESS OF PERMmEE 1380 Oakwood Drive, Southold, NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER . NAME AND ADDRESS OF PROJECT/FACILITY Bertani properlY, 1380 Oakwood Drive, Southold COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Goose Creek DESCRIPTION OF AUTHORIZED ACTIVITY: Construct an 11' x 17' screened porch. All work must be done in accordance with the attached plans stamped NYSDEC approved on 1/05106. By acceptance of this permit, the penmittee agrees that the penmit 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 penmit. PERMIT ADMINISTRATOR: ADDRESS Geor e W. Hammarth DMG AUTHORIZED SIGNATY1E v'/ t/~ Brook, NY 11790-2356 Janua 5 2006 Page 1 of4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAl.. CONSERVATION SPECIAL CONDITIONS 1. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and or protected buffer areas. .. 2. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 3. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 4. Disturbance to the natural vegetation or topography greater than 25 feat seaward of the approved structure is prohibited. 5. Necessary erosion control measures i.e., haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good condition until thick vegetative cover is established. Dee PERMIT NUMBER PAGE20f4 1-4738-03544100001 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 orflood flows or endanger the health, safety or welfare 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 of the watercourse. No claim shall be made against the 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 Stete 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 anyweBand or watlllWaY 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 benks 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 effluentlimitations 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 retum the top portion of the enclosed 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 authorizelby 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 survey was prepared by John Metzger last revised on 11/28/05. DEe PERMIT NUMBER PAGE 3 of4 1-4738-03544/00001 I' NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Pennittee Acc:epts 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 connectionV(ith 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 nagligent 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: Pennlttee's Contractors to Comply with Pennit 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 pennitted 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: Pennlttee Responsible for Obtaining Other Required Pennlts 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 0: 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 CONDmONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including 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 Departmenfs 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 produca a copy of the pennit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Pennlt 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 detennination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Pennit Renewals or Modifications The pennittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include 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 Facilitles (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: Pennlt 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 applicallon 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 regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisiOns of the Environmental Conservation law or regulations of the Department related to the permitted activlty. DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-03544/00001 New York State Department of Environmental Conservation Dlviaion of Environmental PennIt8 BuDding 40 - SUNY. Stony Brook. NY 11790-2356 Telephone 16311444-0404 FacsimDe 16311444-0360 ~ ...... ~ Denise M. Sheehan Commissioner January 5, 2006 Ms. Linda Bertani 1380 Oakwood Drive Southold, NY 11971 RE: 1-4738-03544/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, vJ~fv\.~ Darleen M. Gerbino Environmental Analyst DMG/ls Enclosure 95.20-1 (11103)_ New York State Department of Environmental Conservation o e. ~ NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation . Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contacttheRegional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator ..... PAVACIC Expiration Date Permit Number - NOTE: This notice is NOT a permit . rr OAKWOOD DRIVE N 83"05'30" E lAJID$CAH TE ~ CI.t'E. J o. ~I . JI./;' <:!I 0: 1 //0.00' t:I!t;, ~/../O I'd's "'-0 .0 o 10 l'- l\J B8 llI!<~...,. ~~,~ . ,. "" .. I~ lAY fJ '""""r 0- ~ '" 1.9' ~ .... 'oj 10. o! ">' :r u lU l- LL ..J :?>> 0 ?>> 0 I<) . q-. LL ~l "- 0 "- 2: al' ~1.4' .. Z STY. FII. HSE. "'. ;:; 'GARAGe ~ lAY """"r 36.0' -- - -'~ DECK prep scree:rH!~ /1' porG.-~ __ __ ""'_ .......-1. j SJO CI', o 0 G"o Od' ~ "~'I / ' 0, 'f' o'?lOO~1 ~Ci ~'?l. : ,Ol~ I ~ y. . S~\~ (\~ ~~ 1- N.Y. S. LIe. NO. 4961.8 ORSP.C. , 020 FAX (631) 765 - 1797 PE (631 P O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 1/97/ >ILL . B8 APRON o ~ Q <( 0 0: ~ 'LL1 - > >- <( . m J: t- o: lU 0 : 0 Z I<) , q- III 0 <D U) SURVEY FOR JOHN BERT ANr AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY. N.Y. /000 - 70 - 12 32 SCALE I" = 40' JUNE 9. 1986 OCT. /6, 2003 rm:lCLoc.l OCT. 4,' 2005 (additionall NoV '2 t., Zoo":J (prop ~-f. NYSDl.C, ..1...... td'PI.:n"'L~) ,\~ l'U1. I U."L... ..,,;,, Ci1::iHTJD:-;S O~O:3S'o..j'f{ 00001 ~~I\'\'I::; !~/o11~~ t;;. 86 - 163 A FORM NO.3 NOTICE OF DISAPPROVAL DATE: January 22,2007 TO: Linda Bertani 1380 Oakwood Dr. Southold, NY 11971 Please take notice that your application dated January 22, 2007 For a porch addition to an existing single familv dwelling at Location of property 1380 Oakwood Dr.. Southold. NY County Tax Map No.1 000 - Section 70 BlockR Lot 21 Is returned herewith and disapproved on the following grounds: The proposed construction. on this non-conforming 30.492 square foot parcel in the R-40 District. is not permitted pursuant to Article XXIII Section 280-122A which states: "Nothing in this article shall be deemed to prevent the remodeling. reconstruction or enlargement of a non-conforming building containing a conforming use. provided that such action does not create anv new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single- familv dwelling. on this comer lot. notes front vard setback of 36' feet. The proposed screened porch addition is indicated at 36'. Pursuant to the interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of nonconformance. Therefore. the proposed addition is not permitted pursuant to Article XX III. Section 280- 124. which states that non-conforming lots. measuring between 20.000 square feet and 39.999 square feet in size. require a minimum front vard setback of 40' feet. ~Ck Authorized Signature FORM NO.3 NOTICE OF DISAPPROVAL DATE: April 19, 2006 TO: Linda Bertani 1380 Oakwood Dr. Southold, NY 11971 Please take notice that your application dated April 18, 2006 For a porch addition to an existing single familv dwelling at Location of property 1380 Oakwood Drive, Southold County Tax Map No. 1000 - Section 70 Block 12 Lot.l1 Is returned herewith and disapproved on the following grounds: The proposed construction. on this non-conforming 30.492 SQuare foot parcel in the R-40 District. is not permitted pursuant to Article XXIV Section 100-242A which states; Nothing in this article shall be deemed to prevent the remodeling. reconstruction or enlargement of a non-conforming building containing a conforming use. provided that such action does not create anv new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings. The existing single-familv dwelling. on this comer lot. notes a front vard setback of36' feet. The proposed screened porch addition is indicated at 36'. Pursuant to the interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of nonconformance. Therefore. the proposed addition is not permitted pursuant to Article XXVI. Section 100-244. which states that non-conforming lots. measuring between 20.000 & 39.999 square feet in total size. require a minimum front vard setback of 40' feet. 13x....~ ~ Authorized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department.