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Home My WebLink About29383-ZFORM NO. 4 TOW/q OF SOUTHOLD BUILDING DEP~-RTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-33355 Date: 10/24/08 THIS CERTIFIES that the building ADDITIONS Location of Pr~rty: OFF EAST END RD FISHERS ISLAND (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 11 Block 1 Lot 4 subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 16, 2003 pursuant to which Building Permit No. 29383-Z dated MAY 16, 2003 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 PATIO ADDITION WITH IN GROUND SWIMMING POOL TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to RICHARD A MILLER (OWNER) of the aforesaid building. S~FOLK C~I~Y DEPAR~T OF ~2L~ ;~P~O~q~-L N/A ELRL-rKIC~kL C~RTIFIC-ATH NO. 1127008 02/10/05 PLI~BE~S C~RTIFICATION I~r~3 N/A Rev. 1/81 TOWN OF SO UTIIOLD BUII J)ING DEPARTMENT TOWN IIAI,I, 765-1802 APPI 1CATION FOR CERTII]( L4TE OF OCCUPAN(?y This application must be filled in by typewriter or ink and submiltcd lo lhe Building l)eparlmel/l wilh dm fidlowi,g: A. For new building or new use: 1. Final survey of property with accurate oc; t/on oiall btlihlings, propeF{y lines, s~-eels, and unusual nahlzalor topographic features, ' 2. Filial Approval fi'om Health Dept of wmer supply and sewerage-disposal (S4/fbrm). 3. Approval of electrical installathm fi'om Board of Fire Undetwii(ers. 4. Sworn statement fi'om plumbel certit~qng lha/the solder used m system contains less than 2/10 of 1% lead 5 Conunercial building, industrial huilding, multiple -osiclcnc o,; amd simila~ buihlmgs and installations, a ce~[ifhc'atc of Code Compliance from architect m enginceF icsponsiblc: fi)~t o ~ ilding 6. Stbmit Planmng Board Approval ~ f'comldcled ,;ilo plan lequhe~lcnls Il. For existing buildings (pFior IoAprilg, 1957}lmn_cot}lorming uscs,¢ ' uihlin~sand"pt-e_cxisling,,land C, Fees I Cclti{icaleoflkcUpala,, [x~, d-,clh~h,$',{,~ ",,I,hl;,,It;h,,l'y,,'llmv ' - . Suffolk (X:mllty Tax Map No I IIo(I Ncch.n 0 [ [ Subdix ision 005 i [,,I O0 ~ TOWN OF SOUTHOLD BUILDING DEPT, 765-1802 INSPECTION [ ]FOUNDATION 1ST [ ]FOUNDATION 2ND [ ]FRAMING / STRAPPING [ ]FIREPLACE & CHIMNEY [ ] ROUGH PLBG. [ ].~.~ULATION [ ~ FI NAL [ ] FIRE SAFETY INSPECTION [ ] RRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION REI 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 Z & S CONTR. INC. P.O. BOX 202 FISHERS ISLAND, NY 06390, RICHARD MILLER ISABELLA BEACH ROAD WEST END FISHERS ISLAND, NY 06390 Located at ISABELLA BEACH ROAD WEST END FISHERS ISLAND, NY 06390 Application Number: 1127008 Certificate Number: 1127008 Section: Block: Lot: Building Permit: BDC: NS11 Described as a Residential occupancy, wherein the premises electrical system consisting of electrical devices and wiring, described below, located in/on the premises at: pool, Outside, Pool/Spa, 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 10th Day of February, :2005. Name QTY Rate Rating Circuit Type Miscellaneous pool cover motor Appliances and Accessories Pool/Spa Circulator Pump/Motor 0 0 20 Amps Furnace I 0 Gas Pool/Spa Bondin? 1 0 Wiring and Devices Fixture 3 0 Pool/Spa GFCI Circuit Breaker 2 0 20 amp Pool/Spa Switch 1 0 General Purpose '(Swimming Pool): TAil certificate covers compliance at the date of inspection only. Because of unusual environments it is advisable to have frequent test and/or r~;l~airs made by a qualified person. i ''r-'~ .... seal' 1 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 mdlcatF~. 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. 29383 Z Date MAY 16, 2003 Permission is hereby granted to: RICHARD A MILLER 425 LEXINGTON AVE NEW YORK,NY 10017 for : CONSTRUCT PATIO ADDITION WITH INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. THIS PERMIT REPLACES BP#27315. at premises located at OFF EAST END RD FISHERS ISLAND County Tax Map No. 473889 Section 011 Block 0001 Lot No. 004 pursuant to application dated MAY 16, 2003 and approved by the Building Inspector to expire on NOVEMBER 16, 2004. Fees 462.40-~~~t/h ~///'~ ~~kg~~re ORIGINAL Rev. 5/8/02 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) NO. 2~5 Z Date MAY 15, 2001 PERMIT Permission is hereby granted to: RICHARD A MILLER 425 LEXINGTON AVE NEW YORK,NY 10017 for : NEW CONSTRUCTION OF A PATIO ADDITION WITH INGROUND SWIMMING POOL AS APPLIED FOR WITH NY DEC APPROVALS. at premises located at County Tax Map No. 473889 Section 011 Block pursuant to application dated APRIL 9, 2001 Building Inspector. OFF EAST END RD FISHERS ISLAND 0001 Lot No. 004 and approved by the Fee $ 462.40 AuthOrized Signature ORIGINAL Rev. 2/19/98 TOV, N Olk SOU I'ilOLD PER.MIT NO, Buildiag hmpe~tor APPLICATION FOR BUILDING PEI~IlT INSTRUCTIONS If'.a[,pLic~lt is a corporgti~a~!_mlapJI'e'~n d~q2~authozize_a Builders License No. Plumbers Lict. nse No ._.__~ E!ectdcim~s License No__~ [~_ I. L,o~gn ofi~d on ~bich p~o~,s~ ~*'ork wilt be do~¢' House Nnm~ StI~ Hamlet C,,ur, t> FaxMapNo. LO00 Se=ten____ ~Jl _____Block_._ ~ J Lot Subtile%ion ........ Filed Map N<,. .......... Lot H,ight t~/r/~, .Number of Stories ~/.P's .Rear Depth. .Hmght_ Dimensions of entire new ¢onsu'ueliort: From, ~/~ Hekjht ........ Number of Stones Sizeofloct;rom ~,qt' Rea,_~4t' '2'% '-- ' Number of Stories Rear__ .... Dep~ 10. D~¢ofPurchase__L~r'~ Name of Fotm~ Owner ~'~T~x~- ~ ~)T~_ M. ~O~ l 1. Zone or use dis~ in ~hich pr~i~e~ are ~/tu~ed ~ D~[~ 12. Does prop~ ~nstmc~ion xdolate ~y miring hw. or~ or ~on: ,. ~ ~ 13 Will lot be re-g~ ~ Will~sfillb~r~ov~eon pr,~ses YES ~ t 5. h ~ prepay w%~ I IXl t~ ora tidal w~d? *YES NO ~ · IF YES, SOUTHOLD TO%tN TRUSTEES PEkMI~ N~Y BE REQUIRED 17. If~eva~ m ~y ~int on ~op~' is ~ ] 0 f~ ~ ~low, m~ pmxide to~graplfic~ dina on stayer ~/~ CO~Y C,F ~ RICHARD B. FIALKOW Notary Public, State of NewYork No. 3G-4862039 Qualified in Nassau County Certificate Filed in New York C,~unty Commission Ex0ires .June 18, 2002 ,ELD INSPECTION REPORT DATE COMMENTS e ` )UNDATION ( 1ST) Ijrr_ �I I )UNDATION (2ND) _I ---- II _______________________ ________ ------ c T— x )UGH FRAME & 717— ' t PLUMBING II ii it u +SULATION PER N. Y. H STATE ENERGY CODE �� l it iton II II FINAL it Iii i� �• �� O� I ------- --- ADDITIONAL —_______ ADDITIONAL COMMENTS: pd N�s 3 H H H O z yr p7 -- ,_ W t=i ro H FORN NO. TOWN OF SOUTitOLU BUILDING DEPARTHENT TOWN ~ SOUTHOLD ~ ~.Y. Di~ a/c .................................. (Building Inspector) APPLICATION EUILDINC Ps rr INSTRUCTIONS BOARD OF HEALTlt B SETS OF PLANS ............... SURVEY ........................ CNECK ......................... SEPTIC FORM ................... NOTIFY: g~ ~_ CALL ~ MAIL TO: .................... Date .... May 10 20.00 a. 'Ibis application must be caupletely filled in by typewriter or in ink and submitted to the Building hmpector wi 3 sets of plmm, accurate plot phm to scale. Fee aceerding to schedule. b. Plot plan showing location of lot and of buildings an prealses, relationship to adjoining premises or t~blic streets or areas, a~l giving a de~ailed descriptioa of layout of property mint be dra~n on the dingran daich is part of this applicat ian. c. ~e ~ork covered by this applicatian may not be ca~enced before isanance of Building Permit. d. Ulx~ approval of this application, the Building Inspector ~ill issue a Building Permit to the applicant. Such permit ,shall be lmpt on the' immdsas available for inspection thrc~lsh~at the ~ork. e. NO b~ilding shall be occupied or used in ~hole or in par~ for any ~ ~hatever ontil a Certificate of Occupancy ahall have been granted by ~e Building Inspector. ~9; a.,~e urmnance or [ne To~m of Santhold, Suffolk Cou~v, Ne~ York and &ther a 1 '--'-' ' ---' described. Tim applicant agrees to comply ~rith all applicable la~s, ord~_~, beilding code, 'ho~ing code, and regulat,o~s, ~u~l to .it authorized i ,mNmctors ~u pr~nises and in build~_~n~ce~ssary .... k4.~..i ....... · · .............. ()S~g~nature of applicant, or nacre, if a corporation) Olver Cope, Architect ,. 'a (Mailing address of applicant) State ~tmther applicant is o~,~r, lessee, agent, architect, engineer, general contractor, electrician, plurber or builder .............................. ;cch$.teat ............................................................................ Name of etmer of premises ~.ql%~t~lqt ~. MJ.J.]~i: .................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. / (Nam and title of corporate officer) Builders License No .......................... Pk~bers License No .......................... Electricia~us License No ...................... Other Trade's License No ..................... I. - l~cation of land on ~ahich proposed ~rk will be ~ South Side of Isabella BeaCh Road lRri~.k¢ I~oad)· 1300 Feet South of East End Road Fish~ ~-~-~n Hoase Nc~er Street tlaalet County Tax Map NO. ]000 Seetian 011 1 4 .............. Block Subdivision .FJ.s.h~rs..t.s..l~ava]....2o ....... Filed ltap No. --aloc~.35. Lot ..8 ............ (N~) 2. State existing use and occupancy of prmises and intanded use and eecupaney of proposed construction: a. Fadsting use and occupancy R-120 Residential b. Intended use and occupancy R-120 Residential P.'~ture of work (d~ck ~id~ applicable): New ~ildi~ ...~ ..... ~iti~ ...~ .... Alteration .......... I~ir ............ ~al ............. [~liti~ ..... ~ ..... Other ~ ........ ~.. ~rJpti~) Est i,,~t~t ~sC ...$~ ~'.Q0.Q~ .Q 0~ ....... f~ -.~2 ~ ~.~ ~g .[~h~g~ t '.~..~ ~ ~ ) (to~ ~id ~ fili~ this a~li~ti~) l f a~lling, m,,i~r of ~lli~ traits ..... % ..... ~r of ~lllng ~its ~ e~ m~r ...~ ......... If garage, ~r of ~ .................. ~ ................... If I~iness, ~rcial or ~ ~, s~i~ ~ture ~ ~tent of ead~ ~ 9f ~. .~..~ ........... l)i~nsi~s of ~isti~ st~s, if ~: ~t..,~ ' ~ar . .~.~.'. ~pth . 38 ' l~iO~t .. 1.Tf ........ ~r of Stories 1.~.C~ ....... Di~nsi~s of ~ st~e ~th alteratlms or ~iti~s: ~t ..... ~ ...... ~ar ..~ ......... ~pth .......... ~k ..... ~iO,t ..... M/~ ........... ~r of Stories ...~/~ ....... Di~mnsi~ of entire ~ ~st~ti~: ~t ...... ~0~' ...... ~ar ........ ~0O.'.. ~p~ ...... ~.7.'.. l~iO~t ..... 3.3.' ............ ~r of Stories .2.p..Ceil~r ...... Si~ of lot: ~t 283 ' 241 ' .................... ~ ..: ~pth 431.2' (!r~.~lar 2 59 Ac ~ or u~ district in Mli~ pr~i~s a~ si~t~ .......... gr.120 ............................................ ~s propel mt~ti~ violate any ~i~ 1~, o~i~ or ~latim: ..... ~9.: ............... Will lot I~ r~r~ .... Y-e~ .......... Will ~ss fill ~ ~ ~ ~s: ~ ~sof~rof~s Rxchard A. ~iller .... 425 Lexinakon Ave~v~nn~v ........................... ~SS ............. d. . ; . . . · r ~ ~ ~ .......... ......... ~ of Cmtr~tor ................................... ~ress ............................... Mm ~ ............... Is dds p~rty ~thin ~ f~t of a ti~l mtl~? ~ ~ .... g ..... ~ .......... PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions property lines. Giv~ street and block nm~her or description ~eeordlng to deedi and show street nares and indicate ~hetber interior or corner lot. Please see attached. ...............'~' ~ I~ing a.~y ~,., ~ ~ ~ . ~~ -- · -- ' ................... ~ ' , [ ~ ~ys that he is t~ ~"~n~ of ir s~gnlng c~tra~ / ~ (C~tractor, agent, co.rate officer, etc.) .................. ~ ................... ~ ~id ~r or ~rs, a~ is ~ly ~theri~ to ~rfom or h~ ~rfo~ Um ~id ~ m~ to ~ke ~ file this ~llcati~; that ~1 stat~nts c~tat~ in thlm a~licati~ are t~ to ~e ~st of his ~l~ m~ ~lief~ m~ ~at tim ~rk will he ~rfom~l in tim ~m~r ~t forth in the ~orn to before me this ~.. Adam G~eble~ Notar~ ~blic, 8~te ~ New York No. 41-6~18~ Qualified in ~eens Commission Expires Se~e~b~ ion filed therewith. (Signature of Applicant) M^R . K MORRISO ASSOCI^TES LTD L A N D S C A P F A R ( H I ] E C 1 U R E 15 April 2O02 Mr. Bruno Semon Town of Southhold Building Department P.O. Box 1179 Southhold, New York 11971 Ref: Renewal of Building Department Permit No. 27315Z New Construction of a Patio Addition with Swimming Pool The Richard A. Miller Residence Fishers Island, New York Dear Mr. Semon, On May 15, 2001 we received Building Permit 27315Z for the "New Construction of a Patio Addition with lnground Swimming Pool as applied for with NY DEC Approvals" for the Richard A. Miller Residence on Fishers Island, New York. As the construction schedule has met with some delays, we anticipate a Summer/Fall 2002 construction schedule. We have enclosed 3 sets of the latest Site Plan that reflects some modifications fxom the original plan. These modifications are as follows: 1. The pool dimension has changed from 15 'x50' to 16' x60' but still remains within the 30' setback requirements from the property line. 2. The location of the gated entrance to the pool shifted North (closer to the house). 3. We have graded to the 52' contour instead of the 54' contour to allow for a smoother transition to existing grades. As per our telephone conversation on May 15, 2001, we would now like to ask for an eighteen (18) month extension on the above permit. It is our understanding that there will not be any additional cost for this extension. Please do not hesitate to contact at (212) 629-9710 extension 232 or Melissa Ix extension 231 should you have any questions and or comments. Thank you for your attention to this matter. Sincerely, Mark K. Morrison,' FASLA President Mark K. Morrison Associates Ltd. Box 367, 29Jackson Road New York New York 10001 Sharon, Cor~necUcu~ 06069 Telephonic-2126299710 Telephone 860 364 5075 Facsirnile 212 629 9711 Facsirnile 860 364 1133 12/83/2882 MA~~ K. MO,~,tSON ASSOC.ATES ~TD 11:48 2126299711 MARK K MORRISON LTD ~' ~ -2~./-.~ ?~.~ 117 West 28th Street New York, New YoUr, Tel. 212 6~9 9710x231 Fox 2126299711 Emall mlx~mar~kmontson.com PAGE 81 To , From Subject No. of P~ -' ~ ......... ~_r '~: ".~JT~4-~I_ ~t~J ~:~L-~-,~.~J~. ~ ' / .... _ ~ ~ ,,,,,'~ ..... : .-. ~/ P~o~a~ NA~, HILLER ~EGIDENCE Fishers Island, New York l l! K MORRI$OiXl ASSOCI^TE$ LTD S'C A P E A R C H I T E C T U R E 2 May 2001 Mr. Bruno Semon Town of Southhold Building Department P.O. Box 1179 Southhold, New York 11971 Ret~ Application for Deck Addition - Accessory Pool The Richard Miller Residence Fishers Island, New York Dear Mr. Semon, Enclosed please find three (3) sets of Mark K. Morrison Associates Ltd's Landscape Site Plan for the Richard Miller Property and three (3) sets of Chandler Palmer King's Site Plan for the proposed 5 bedroom residence for your review and approval for a deck addition accessory pool permit. A cheek in the amount of $150.00 has been included to cover the processing fee. Please note the following information which has been highlighted on the Landscape Site Plan: · Location of the pool fi.om the house · Setbacks fi.om property lines · The deck around all four sides of the pool · Deck attachment to the house In addition please note: · The permit for the house is No. 267882 and was issued September 22, 2000. · The lot coverage does not exceed twenty percent (20%) of the site. Please do not hesitate to contact me directly at (212) 629-9710 extension 232 or Melissa Ix extension 231 should you have any questions and or comments. Sincerely, Mark K. Morrison, FASLA President, Mark K. Morrison Associates Ltd. cc: R. Miller ] 17 We~128th Street New York, New York 10001 Telephone- 212 629 9710 Facsimile 2126299711 Box 367, 29Jackson Road Sharers, Cor~necticu106069 Telephone 860 364 5075 Facsimile 860 364 1133 =/_/~- ?/- ?_ ~/ TOWN OF SOUTHOLD WNER STREET FORMER OWNER N LAND AGE IMP. S VL. TOTAL FARM DATE BUILDING CONDITION PROPERTY RECORD VILLAGE DIST./ SUB. ACR. ,~ TYPE OF BUILDING COMM. CB. MISC. Mkt. Value REMARKS NEW NORMAL BELOW FARM Acre Value Per Value ', Acre fillable 1 Fillable 2 'illable 3 Voodland -" wampland FRONTAGE ON WATER rushland FRONTAGE ON ROAD rouse Plot ,.~, D L) t '(" ~ () ~ ~: b DEPTH BULKHEAD ~t~t~"~',', [ ~ ~ ,~ DOCK '~ug~.16-O0 12:34P 0 COPE ARCHITECT 212 675 5979 P.03 MEu YORIC STATE DEPARTME#T OF ENVIRONMENTAL CONSERVAT[O~ DEC PERH]T NLMBEM 1-4738-02665/00001 FACILITY/PROGRAM HUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE duly 281 2000 EXP[RAT[O# DATE(S) July 31, 2005 '1 ~ TYPE OF PERMIT · Ne~ [] Rene~aaL [] Modification [] Permit to construct n Permit to Operate [] Article 1S, Title 5: Protection of Waters [] Article 15, Title 15: Uater Supply Article 15, Title 15: ~ater Transport [] Article 15, Title 15: Long ~sLand ~eLLa [] Article 15, TitLe 27: UiLd, Scenic and RecreationaL givers PERMLT LSSUED TO Richard A. Mi[Ler ADDRESS OF PERMITTEE 1095 Park Averx~e New Yorkr HY 10128 CONTACT PERSON FOR PER#ITTEDUORK JMO Enviror~aentaL Consulting Services PO Box 44710uo~ue NY 11959-044? HAME AgO AODRESS OF PROJECT/FACLLLTY Miller Property No # Private goadI Fishers Lsiand 6NYCRR 608: Water Quality Certification 0 ArticLe 17, Titles ?0 8: SPDES Article 19: Air Pollution Control [] ArticLe 23, TitLe 27: Mined Land RecLaeation [] Article 24: Freshuater ~etLand$ · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRE 360: Solid Uaste Nanag~ent TELEPHONE NUMBER (212) 727-1225 TELEPHONE HUMBER (631) 653-0607 LOCAT[OH OF PROJECT/FACLLLTY SCTM #1000-011-1-4 COUNTY SuffoLk TOI~N I klATERCOURSE r SouthoLd BLock Island Sound DESCRIPTION OP AUTHORIZED ACTIVITY NYTH COOED]NATES DemoLish existing single fani[y d~etting. Construct new aingte family dwelling, garage~ driveaay~ pool, decking, fence and septic system. Regrade area adjacent to neu d~eL[[ng. AL[ uork shall be in accordance ~ith NYSDEC stamped approved plans. By acceptance of this permit, the pormittee agrees that the;emit is contingent upon strict coq~Lience aith the ECL, all applicable regulations, the Genera[ Conditions specified (see page 2 & $) and any Special COnditions included as part of this permit. PER#iT ADMZ#L$ LdS #40, SUNY, Stony NY 11790-2356 DATE Page 1 o~ 4 ZOO0 (212) 455~7150 $I~fPSOM THACHER & ~ARTLETT LLP October 5, 2006 rmillcr~.~stblaw.com Mr. Gary Fish Southold Building Department PO Box 1179 53095 Main Road Southold, NY 11971 Re: Permit 29383 Dear Mr. Fish: I am writing in the hope that a C of O can be issued in respect of Building Permit 29383, for the construction ora "patio with in-ground swimming pool with fence" at our home on Isabella Beach on Fishers Island. As I understand it, Bob Wall and a building inspector from Southold reviewed the status of our pool at the beginning of the summer, and some questions were raised about the fence and the gates in the fence. There were four issues, and they are listed below along with my response. 1. Gate hardware on wrong side of gate - This was an error by the contractor that built the pool fence and has been corrected. 2. Absence of door alarms on house - When the pool was inspected, the winter cover was still on. It may not have been obvious that the pool was built with a retracting safety cover powered by a hydraulic motor that is controlled by key switches within sight of the entire pool. This cover was installed by the American Pool Safety Company; I am sure that you have seen other examples. (We use this cover religiously, by SII~iP$ON THACHER & I~ARTLETT LLP Gary Fish -2- October 5, 2006 the way.) Accordingly, our architect has advised us that no door alarms are required by reason of Section 105.9 of Appendix G of the Code. 3. Location of pool fence - There was some question raised about the location of the pool fence and whether it completely encircled to pool. In, fact, the pool fence was built according to the location shown on the drawings submitted with the original application for the building permit and the DEC permit. The fence is quite long, and it goes through some very rough areas with heavy vegetation, but in fact it completely encircles the pool (except for the portion where it ties into the house) and was constructed in accordance with the drawings attached to the original application. If you would like me to send you a copy of these drawings, I would be happy to do so. 4. Double-acting gate - The pool fence has a double-opening gate to permit lawnmowers and other equipment to be brought inside the pool enclosure. (The gate was made double-opening because grade issues would have made it very hard to install an extra-wide single-opening gate that opened outward.) There is a standard single gate with a self-latching mechanism immediately next to this double-opening gate, so the double- opening gate is never used for pedestrian access. This gate has the approved self-latching mechanism on the operating side, which engages the non-operating side. The non-operating side is held in place by a "cane bolt" - a vertical metal rod that goes inside a vertical pipe in the ground. This "cane bolt" can only be operated from the pool side of the enclosure. In addition, since this gate is used only for equipment access, we keep it locked using a padlock and chain that prevents either side of this gate from being opened without a key. ~II~IPSON THACIiER & BARTLETT LLP Gary Fish -3- October 5, 2006 Not knowing exactly what the problem is with this arrangement, I looked at another pool on the Island that has been inspected and approved recently and found two similar double-opening gates with the same kind of hardware our gate has - a self-latching mechanism on the operating side, and a cane bolt on the non-operating side - except that that gate was used for regular pedestrian ingress and egress, not just for equipment, and did not have the additional protection of the padlock. This left me puzzled about what the problem is with the arrangement that we have. Would you kindly clarify this? We would like to close the book on this and are anxious to cooperate with you in obtaining the C of O. I can usually be reached in the late afternoon at 212-455-7150. Very truly yours, Richard Miller cc: Robert Wall 05/07/2002 15:25 FAX 631 788 7798 FITELEPHONE ~002 5/7/02 Building Department Tov~ of Southold Attll: Br~'~O S~m~.n Southold NY Dear Bruuo~ This lcrmr shall servc as documentation of a field site inspection of thc Richard Millcr Pool BP # 27315. The pool setbacks arc in accordauce to Amended plato dated 4/16/02. If you re, quire any additional fxom me, please feel free to contact mc. (631 ) 788 7251 Sincerely yours, Robert E. Wall 'Aug:16-O0 12=34P O COPE ARCH[TECT 212 675 B979 P.02 New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 - FAX: (63t)444-0360 Web$ite: www.dec.state.ny.us John P. Cahill Commissioner July 28, 2000 Mr. Richard A. Miller 1095 Park Avenue New York, NY 10128 RE:1-4738-02665/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementin9 regulations (6NYCRR, Part 621) we are enclosin~ your permit. Please read all conditions care- fully. 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. Ve? truly yours, //Laura J. Scova~z~o ~' Environmental Analyst LJS:cg enclosure '~Aug~-16-00 12:35P 0 COPE ARCHITECT 212 675 5gTg P.04 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification Tho permittee expressly agrees to indemnify and hold harmless the Deperl~nent of Environmental Conse~ation of the State of New York, its represenlatives, employees, agents, and assigns for all clatms~ suits, actions, clamages. and costs of every name and description, arising out of or resulting from the permittee's undertaking of activities or operation and maintenance of the facility or facilities authorized by the permit in compliance or non-compliance with the terms and conditions of the permit. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents end assigns of their responsibility to comply with this permit, including ali 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 permittae. 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 othem 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, 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 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 violation 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 permittae 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 informaUon 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. The grounds for modification, suspension or revocation include: a) the scope of the permitted activity is exceeded or · violation of any condition of the permit or provisions of the ECL anti pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to discluse relevant facts; C) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. DEC PERMIT NUMBER I I PAGE 2 OF 4 1-4738-02665/00001 Aug,- 1§-00 ].Z:36P O COPE ARCH]'TECT Z].2 675 NEW YORK STATE OEI~ARTMENT OF ENVIRONMENTAL CONSERVATION 5979 P .05 PERMIT.TW.Wp~, rev. ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) 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 unreasenable obstruction to the free navigation of said waters or flood 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 he 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 modirmation of the watercourse hereby authorized shatl 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 stnJcture 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 casa be liabid for any damage or injury to the structure or werk herein author!zed 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. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U .S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or Local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fUels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. 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. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. 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. 8. If granted under 6NYCRR Part §08, 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, 300 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return 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. 10. Ail activities authorized by this permit musl 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 Richard Strouse, dated 4/24/00. revised 5/8/00. DEC PERMIT NLIMBER I I PAGE 3 OF4--- i-4738-02665/00001 ' AU~-16-O0 12:36P O COPE ARCHITECT 212 675 5979 NE"~N YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS P. 06 1. The permittee shall cause all exposed faces or disturbed areas to be vegetated to prevent soil erosion prior to the project completion or expiration date of this permit, whichever comes first. 2. There shall be no discharge of runoff or other effluent on, in or down the bluff face or onto the beach. 3. 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. 4. There shall be no draining of swimming pool water directly or indirectly into tidal wetlands or pretected buffar areas. 5. Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2' above seasonal high groundwater. DEC PERMIT NUMBER J j PAGE 4__of 4 1-4738-02665/00001 SCALE MILLER RESIDENCE ~ / ~- APPROVED AS / ~ NOTI~ BUILDING DEPARTMENT A3 N 0 R T H / ~ ~ 765-1802 9 AM TO 4 PM FOR ~ 1 FOUNDATION - TWO REQUIRED ~ / ~ ~ AA~ ~k~ ,' ', ~ ALL CONSTRUCTION SHALL / ~.~,.,~~~~ ~ " ~,, ~ ,~ L E G E N D R~LOCA~P -- - PROPOS~P d~lN~ LINg / ~XlOflNd CHBRRB5 ~ /~ ~?'/. / / BB~5 TO B~ BVB~BN ~ROUN~COVBR i~ ~ ~ ,~; II ~ OPgN LA~ I~ - R*LOCASP BXlSflNd JUNIP*R * MARK K MORRISON ASSOCIATES LTD ~ PROPO~PB~BNbfO LA N O SC A P E A R C H I TE C TU R E %- .......... ~ TO %~BN HOU~ PROM -~o~ ~xJ~.~o~,~,S I T E P L A N o~ JUNiPer, BUONYMUS ~ H~gA RRIVBWAY / P~KINd COURT - P~KINd ~ON 6 6~5 eDRA~ BY MW/ SRS · SCALS 1 "=20'--0" L1 · 9~s MAY 01, 2001