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Home My WebLink About1000-86.-7-7.2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James Dinizio, dr., Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: December 17, 2007 Re: ZBA File Ref. No. 6101 (Dawson) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Note: the parcel contains a sloped area. A top-of bank/bluff line is not shown on the survey. This line is necessary to assess accurate existing and proposed setbacks. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the porch and deck from the tidal wetland boundary/concrete bulkhead is 42.3 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findin.qs; purpose; jurisdiction; setbacks. In addition, a minimum setback distance of 100 feet is required from the top of the bank. Please require that the applicant amend the application to meet the above policy to the .qreatest extent practical. the action is approved the followinq best manaqement practices (BMP's) are recommended: 1. Require a non-turf, native veqetation buffer landward of the top of bank. 2. Require Flutters, downspouts, and sub-surface dp/wells to contain roof runoff on house and porch. The BMP's will fudher Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 November 26, 2007 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6101 (Dawson) Dear Mark: We have received an application for as-built additions/alterations to premises on Peconic Bay in Southold and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES D1NIZIO, JR. By.~C. ~w,-~~ SOUTHOLD BUILDING DEPT 16317659508 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 11, 2007 TO: Patricia Moore (Dawson) 51020 Main Road Southold, NY 11971 Please take notice that your application dated September 28, 2007 For permit for as built additions and alterations to an existint, sinul¢ lhmily dwelling at Location of property 7940 Indian Neck Lone, Southold, NY County Tax Map No. 1000 - Secti{>n 86 Block7 Lot 7.2 Is returned herewith and disapproved on the following grounds: The m~osed construction, on this conforming 2.91 acre parcel in the R-gO Dislrict, ~s !!0J_permitted pursuant to Article XXII Section 280-! 16 B, which states; "All buildines located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (7~) feet from the bulkhead." 'llae as built additions and alterations note a setback of 42.3 feet fi'om the bulkhead at its closest point. In addition, the "as built" constmction is noted as beine 18.3 feet t¥om the side property which is not t~crmittcd ~ursu,'mt to Article XXIII Sectton ,~80-114. which states, "No buildint, or oremises shall be used and no building or part thereol'shall I~ erected or altered in the A-C. R-80. R-120. R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parkine Schedule incoroorated into this chapter with the same Ibrce and effect as if such remflations were set forth herein full." Bulk ~chedule requires a minimum single side yard setback of 20 feet. Followiug the as built construction, the single-family dwelling notes a single side yard setback ol' 18.3 feet. 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. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. No 7940 Street Indian NeckLane Hamlet Southold SCTM 1000 Section 86 Block 7 Lot(s). 7.2 Lot Size 0.c/t acres Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 10/11/07 BASED ON MAP DATED 7/10/07 Applicant(s)/Owner(s): Patricia C. Dawson Mailing Address: 92 Bergen Street, Westwood NJ 07675 Telephone: 201-666-3801 Fax #: Email: NOTE: In addition to the above., please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 631-765-4330 Fax #: 631-765-4643 Email: PCMOOREl~,,optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [3 Applicant/Owner(s),or EAuthorized Representative, or [] OtherName/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED Sept. 28, 2007 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction ~3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- Subsection 116 B Article XXIII Section 280- Subsection 114 Type of Appeal. An Appeal is made for: ~, A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section O Reversal or Other A prior appeal ~as ,~"as not been made at any time with respect to this property, UNDER Appeal No.~/Year /t~). (Please be sure to research before completing this question or call our office for assistance.) Name of Owner; ZBA File # REASONS FOR APPEAL (additional sheets ma~, be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: House and deck constructed in 1980-81 (CO in 1981)- family added 15' x 15' addition to deck on the west side of existing deck to connect existing outdoor shower with existing deck, and a 10' x 10' screening in porch was added over the existing deck Because the setbacks were established the family believed there were no permits required. The screened in porch did not extend beyond the existing deck and the deck connected to the existing outdoor shower. The husband died and the widow is selling the house. The purchaser wishes to keep the deck addition and the screened in porch so the seller must obtain a certificate of occupancy for these alterations to the existing structure. The required side yard is 20 feet and the outdoor shower post is 18.3'. The property line angles out toward the water and the deck addition is slightly under the required 20 feet. The side yard variance is minimal, the properties are wooded and the slight encroachment is visually undetectable from the required 20 feet. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pnrsoe, other than an area variance, because: The house and deck were constructed with permits in 1980 (building permit) and CO in 1981(original plans and permit attached). The deck connects to the outdoor shower (the shower is a fence enclosure with plumbing) and the screened in porch is over the permitted deck The shower and deck addition were constructed by the owner's children, they attempted to maintain a 20 foot, however, the outdoor shower and deck were not located by a surveyor until the purchaser obtained a current survey and the side yard setback was accurately measured. (3) The amount of relief requested is not substantial because: The property has had bulkhead since 1940's (the bulkhead does not appear on the Dawson's survey in 1980 because the cement bulkhead was covered with sand and not exposed until a heavy storm) the slope is well vegetated and stable. The deck extension does not go closer then the existing deck towards the slope and the covered porch is within the area of the original deck. The setbacks were established in 1980 when the house and deck were first constructed. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The addition to the deck is only 15' x 15' and connects to the outdoor shower which is on the west and landward side of the deck and house. The screened in porch is over the existing deck. (5) Has the alleged difficulty been self-created? ( X )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: E No. [3 Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING RE~_U~STED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCESHEET: (Pleasebe~~~ ~-gn~ture of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Oualifled Ir~ SuffOlk Cc~Jnty October 22, 2007 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Southold Town Zoning Board of Appeals James Dinizio, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Patricia Dawson 1000-86-7-7.2 Dear Chairman and Board members: Enclosed please find 7 packets of the following documents: 4. 5. 6. 7. 8. 9. 10. Notice of disapproval Variance Application for side yard variance and setback to bulkhead for "as built" deck addition and covered porch. Drawing of alterations to existing structure Authorization Questionnaire Project Description with photographs of existing structures Transactional Disclosure Form LWRP Copies of building permit and file for house and deck built in 1981 with original Van Tuyl survey (bulkhead built in 1940 not shown because it is under sand) Survey of existing structures which show the has built" deck addition and screened in porch. If you need anything else please do not hesitate to contact me. y yours, Patricia C. Moore PCM/bp encls. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ls the subject premises listed on the real estate market for sale? E Yes [] No The house is in contract and seller must obtain certificate of occupancy for all structures Are there any proposals to change or alter land contours? '~ No E Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? __Yes 2) Are these areas shown on the map submitted with this application? yes 3) ls the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Permit issued and if issued, please attach copies of permit with conditions and approved map. above mean sea level? Is there a depression or sloping elevation near the area of proposed construction at or below five feet Peconic Bay E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No lfyes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? _No the proximity of your lands on your map with this application. lfyes, please label H. Please list present use or operations conducted at this parcel __ Existing residence constructed in 1981~ 15' x 15' addition to existing deck on west side encroaches onto a side yard, screened in porch added over portion of existing (permitted) deck and proposed use _ "As built" (examples: existing: single-family; proposed: same with garage or pool, or other description.) u~aori~ed Signature and Date 2/05; 1/07 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Patricia Dawson Date Prepared: October 19, 2007 I. For Demolition of Existing Building Areas Please describe areas being removed: House and Deck- all existing structures II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: As built-15' x 15' deck addition to existing deck. Screened in porch 13' x 9' over existing deck (deck built with house in 1981) Dimensions of new second none Dimensions of floor above second level: nolle -Height (from finished ground to top of ridge): screened in porch one story over deck Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IlL Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 15' x 15' new area over existing deck so no change to square foota~,e) _ Proposed increase of building coverage: less than 1% (covered porch Square footage of your lot:__126,880 Percentage of coverage of your lot by building area:_not applicable V. Purpose of New Construction Requested: permit for "as built" structure VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): location of existing house is 42.3 feet from the bulkhead and 95.5 feet from water OWNER: Patricia Dawson PROPERTY: Indian Neck Lane, SCTM#: 1000-86-7-7.2 Cutchogue OWNER: Patricia Dawson PROPERTY: Indian Neck Lane, SCTM~: 1000-86-7-7.2 Cutchogue OWNER: Patricia Dawson PROPERTY: Indian Neck Lane, SCTM~: 1000-86-7-7.2 Cutchogue OWNER: Patricia Dawson PROPERTY: Indian Neck Lane, SCTM#: 1000-86-7-7.2 Cu~chogue TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same, Patricia Dawson and Patricia C. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance X *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP None Submitted thi, s.~ ~f 60 .r~Za,~ Signature: ~ ~-~.-~,~__~k'~.~,~,-; Print Name: Patricia Dawson By Patricia C. Moore, Esq. Signature.//~'7. ~--'--~ Print Name: Patricia C. Moore Esq. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-86-7-7.2 (side yard variance for deck addition and screened in porch to existing structure located on Peconic Bay) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals X_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWKP 1 Nature and extent of action: deck and covered porch addition to existing residence Location of action: 7940 Indian Neck Lane, Peconic Site acreage: 2.91 acres in R-80 zone Present land use: existing residence- As built 15 x 15 deck addition along side of existing deck and covered porch over existing deck. House built in 1980 with setbacks to the top of a bank and bulkhead on Peconic Bay. Present zoning classification: R-80 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:Patricia Dawson (b) Mailing address:7940 Indian Neck Lane, Southold (c) Telephone number: ( }C/o 765-4330 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): A deck addition along the side of the existing deck and screened in porch over existing deck is approximately 95 feet from Peconic Bay. The property has had bulkhead since 1940's and is vegetated and stable. The development pattern along Indian Neck Lane is well established with homes constructed in the 1940's through 1980's Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Town of Southold LWRP 2 Discussion (if appropriate): Disturbed property with no historical areheological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the renovation of existing residence has no visual impact NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III- Policies Pages 8 through 16 for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the 15' x 15' addition to the existing deck does not impact flooding or erosion~ the deck is pervious. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages ]6 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): addition does not require additional measures- already has gutters, the property is over two acres and no water runoff of the premises is expected. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): No impact- existing deck constructed in 1981 and small addition does not impact ecosystem Policy T. Protect and improve air quality in the Town of Southold. See L WRP Section llI- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable on air quality Town of Southold LWRP 3 Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): existing residence built in 1981, deck addition built 10 years ago, no impact on waste or hazardous substances PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section II1- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): private property elevated from Peconic Bay WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LI'VRP Section II1 - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Existing residence promotes protection of Bay Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): existing house more than 95 feet from the Bay and landward of a bulkhead constructed in the 1940's Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section Ili - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no agricultural land affected Town of Southold LWRP 4 Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] ]Discussion (if appropriate): no impact on energy or resources *copy of Town form created on 2/11/06 Town of Southold LWKP 5 N°. ' pbl~s~ant t,'o application doted .~.~,~~.~. Bull~llng Ir~spectdr. F~e ~ ..... BUILDING~ PERMITi ~. · (:tHiS PERMIT MUST, BE KEPT ON ~H,E..PP, E~IS~S:UNTIL]! "~ !ULL. COMPLETION OF ~HE.WORK AUTHORIZED) ~ [~ . Z ~ ~~,....~' ........ ~' ~ .............. ~.} ~,.~..~ ....... ~.. ......................... ~..,~~.~ ................. ~' . ~ -- ~nd ~ppro~od by Rev. i6/,30~80 FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall $outhold, N.Y', 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in Wpewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, prQperty lines, streets, and unusual natural or topographic featu res. 2. Final approval of Health Dept. of water supply and sewerage disposal-{S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 ~ Date....~. ~.. 1.~...~..~..( ...... New Building ..... Old or Pre-existing Building ............ Vacant Land ............. Location of .......... ........... House No, Street Ham/et Owner or Owners of Property .... ~-~ht~c~ .... ,.~.t~o. IJ .................................... County Tax Map No. 1000 Section .... ~.(a ........ Block ...r/. ........... Lot ................ Subdivision ................................. Filed Map No ........... Lot No .............. Permit No. I.O.c~.~.(~. 7~. gate of Permit /.~L, ,-/~, ?~..Applicant ..... ~a~,..~*~ ....... Health Dept. Approval ... J0.-~.. T¢~. ........... Labor Dept. Approval ..., ..................... Unde~riters Approval... ~.~ ~ ............. Planning Board Approval ~ ..................... Boquo~ for T~mpora~ ~ificate ..................... Final C~[ficate ...................... Construction on abova described building and permit meet all a l/cable codes and re ulations ........ ................ 6F OCCU?ANCy ROU~RIC VAN TL~YL P,C. SUFFOLK CO. HEALTH DE~T. AI~PR~,AL SERVICES ~ FOR APPROVAL OF DATE: AUTHORIZATION LETTER New York State Department of Environmental Conservation Building 40-SUNY Stony Brook, New York 11790-2356 Att: Regulatory Permits OWNER: name: Patric±a Dawson address: 92 Bergen Street, telephone number: Westwood, NJ PROPERTY: Indian Neck Lane, Cutchogue SCTM#: 1000-86-7-7.2 AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 Dear Sir or Madam; I Patrlcta Dawson authorize her attorney, Patricia C. Moore to file any and all applications for a permit or determination of non- jurisdiction to the DEC, Town Trustees, Health Department, and any other regulatory agency. T.iC~iAtruly yours, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined Approved Disapproved Expiration ,20 DEPT. PERMIT NO. BUILDING PERMI~c 5PPLICATION CHECKLIST Do you have o~ ,,eed the following, before applying? Board of Health 4 sets of Building Plans Planning Boa[d approval Surve~ Check Septic Form N.Y.S'.DiE.C. Trustees Contact: - Mail to: Phone: APPLICATION FOR BUILDING PERMIT Date '~- c,Q- 7 ,20d)7 INSTRUCTIONS _ _ '~/~2¢i[ a?q~' llaO _L~_. 5~5 'T be completely filled ~ by ~ewfiter or m ~ and subdued to the Buil&g ~pector ~i~ 4 sets of plans, acc~ate plot plan to scale. Fee accordNg to sched~e. b. Plot plan showing location of lot and of buildings on pr~ses, relationsNp to adjoi~g presses or public streets or areas, and wate~ays. c. The work covered by tNs application may not be co~enced before issu~ce of Building Pe~t. d. Upon approval of tNs application, the Building ~pector will issue a B~l~g Pe~t to the applic~t. Such a pe~t shall be kept on the presses available for inspection tkou~out the work. e. No building shall be occupied or used in whole or N p~ for any p~ose what so ever until the Building Nspector issues a Cenificate of Occupancy. f. Eve~ building pemt shall expire if the work authohzed has not co~enced wi~n 12 monks a~er the date of issuance or has not been completed wi~in 18 monks ~om such date. ~no zoNng amen~ents or other re~Iations Mfecting the prope~y have been enacted in ~e Nte~, the Buil~g ~spector may au~ofize, ~ writing, ~e extension of the pe~t for an addition six months. Thereaker, a new pe~t shall be required. ~PLICATION IS ~BY M~E to the Bulling D~m~t for ~e issu~ce of a B~Iding Pemt pursuit to the Building Zone Ordinance of the Town of Sou~old, Suffolk Co~ty, New York, and o~er applicable Laws, Ordin~ces or Re~lations, for ~e construction of buildings, additions, or alterations or for rmoval or demolition as hereN deschbed. The applicant a~ees to comply wi~ ~1 applicable laws, ordnances, buil~g code, housing code, ~d re~lations, ~d to ad~t authorized inspectors on presses ~d in b~ilding for necess~ ~spectio~s. (Si~amre of applic~t or nme, ifa co~oration) ~ail~g ad&ess of applic~t) State whether applic~t is owner, lessee, agent, architect, engineer, general contractor, electhci~, plumber or builder Name of owner of premises ~ ~ o ~aO ~ (As on the tax roll or latest deed) If applicant is a co¢orafion, si~ature of duly authohzed officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which.proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision (Name) 4¢i Block 7 Filed Map No. State existing use and occupancy of premises and intende~ use a~d occupancy of proposed construction: a. Existing use and occupancy ;',,~ /5O.Z/~ ~ ~;~z,-~z' ~,c/r"~,~.c.~o-~ ,~ C,~¥~,.~/$~2a~z2~ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Estimated Cost Fee If dwelling, number of dwelling un/ts If garage, number of cars (Description) (To be Paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occUpanc% specify nature and extent of each type of use. 7. 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 : 8. Dimensions of entire new construction: Front Height Number of Stories Rear .Depth 9. Size of lot: Front Rear .Depth I0. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ 13. Will lot be re-graded? YES __ NO__Will excess fill be removed from premises? YES__ NO 14. Names of Owner of premises Address Name of Amhitect ~ Address Name of Contractor i Address 15 a. Is this property.within 100 feet of a iidal wetland or a freshwater wetland? *YES __ * 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. Phone 'No. Phone No Phone No. NO 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~/~') f~C'~gx~?.e c- ~'~ f~ being d~y sworn, deposes ~d says that (s)he is the applic~, (Name of individual si~ng con~act) above rimed, (S)He is the ~~ (Con~or, Agent, Co¢orate Officer, ~c.) of s~d owner or owners, ~d is d~y au~ofized to peffo~ or have peffo~ed ~e said work ~d to m~e ~d file ~s application; that all statements contained in tbs application ~e ~e to the best of hs ~owledge ~d be~ef; ~d ~at the work will be pe~o~ed in the m~er set fo~h ~ the application f~ed ~erewi~. Signature of Applicant Appesl~o. 2691 Dalad April 9, 1980 ACTION OF THE ZO~LNG BOARD OF APPEALS OF T~ TO%FN OF $OUTHOLD To Mr. Samuel B. Prellwitz A~nam Indian Neck Lane Peconic, NY 11958 .................... ~ the Z~fing O~nan~ and the d~3sion of the Build/ug Inspector ( ) be reve~ed ( ) be ]000--86'-7--7. (SEE REVERSE) (SEE REVERSE) (SEE REVERSE) (wou/d ~ot) FORM ZB4 After investigation and inspection, the Board finds that applicant requests permission to construct an additional dwelling at premises located at the south end of Indian Neck Road, Peconic~ New York, containing approximately 4.47 acres. The Board has found that there exists a 9-foot traveled road located at the subject property extending from Indian Neck Road to the main "High House," for which th~ Board feels applicant should return for further consideration, pursuant to New York Town Law Section 280-A for approval of access. Also, the Board has found Chat there exists a studio building which appears to be used for ~iving quarters, for which the Board feels would no~ be permitted to be used while the pro- posed dwelling was in use. It has been indicated that appli- cant intends use of the proposed dwelling by his children or for renting. The Board finds there is sufficient area, approximately 3 or more acres ~vailable for use for the proposed dwelling, and to deny the relief requested herein would be unwarranted. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical diffioulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Grigon~s, seconded by ~ir. Tuthill, it Was RESOLVED, that SAMUEL B. PRELLWITZ, in Appeal No 2691 be GRANTED permission to construct second dwelling at premises located at the southerly endof Indian Neck Road, Peconic, New York, more particularly desoribed below, SUBJECT TO T~E FOLLOWING CONDITIONS: (a) NO Other buildings shall be permitted to be used as~living q~arters, except the main, so-called "High House,'~ on the subject 4.47-acre site; (b) Building permit may not be issued until variance application for approval of access has been filed and approved. (c) Garage not to be Used for living quarters. Location of property: Indian Neck Road, Peconic, New York; bounded north by Indian Neck Road, west by Cukor and Fischer, south by Peconic Bay, east by Indian Neck Road and Adams. County Tax Map Item NO. 1000-86-7.7. Vote of the Board: Ayes: Messrs. Grlgonis, Tuthill, Douglass and Goehringer. Absent: Messr. Doyen. APPROVED Chairmas ~ard of LEGAL NOTICH OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following m~tters will be held for public hearings by the Hoard of Appeals, Town of Southold, at the Town Hall, Main Road, Southold, New York on Thursday, May 1, 1980 at the following times; ?;35 P.M. Application of LORNE GREENE by Richter Home Improvement Co., 515 Seventh Street, Greenport, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building i~ frontyard area. Location of property; 1455 Aquaview Avenue, Hast Marion; bounded north by L.I. Sound, east by Moeck, south by Aquavtew Avenue, west by Miller. County Tax Map Item No. 1000-22-2-2. 7~50 P.M. A~lication of SAMUEL B. PRELLWITZ~ the Zoning Ordinance, Article III, Section 100-30, for permission to construct second dwelling on single lot. Location of property; South side of Indian Neck Lane, Peconic, New York; bounded north by'dian Neck Road , west by Cukor and Fischer, south by Peconic Bay, east by Xndian Neck Lane and Adams. County Tax Map Item No. 1000-86-7-7. 8;00 P.M. Application of ARNOLD D. GARDNER, 260 Robinson Road, Greenport, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for [permission to constructaddition in rearyard area. Loca- tion of property: 260 Robinson Road, Greenport; bounded north by Robinson Road, west by Rosenborg, south by Sterling Creek, east by Br~ckheimer. County Tax Map Item NO. 1000-34-5-12. Legal Notice ~ Hearings Page 2 Board of Appeals/May 1, 1980 Meeting 8:10 P.M. Application of GEORGE R. and HARRIET J. TIEBEL, 8 Arbor Street, Great Neck, New York (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels, and for approval of access, New York Town Law Section 280A. Location of property: 6540 Great Peconic Bay Boulevard, Laurel; bounded north by Peconic Bay Boulevard, west by McGowan, south by Great Peconic Bay, east by Holfelder. County Tax Map Item No. 1000-128-2-1. 8:25 P.M. Application of STEPH~N EGGERS, Nassau Point Road, Cutchegue, New York for a Variance to the ~oning Ordinance, Article III, Section 100-32 for permission to construct swimming pool in sideyard area. Location of property: 6625 Vanston Road, Nassau Point, Cutchogue; bounded north by East Club Road, west by Nassau Point Road, south by Brac, east by Peconio Bay; County Tax Map Item No. 1000-111, 15, 7; also known as Nassau Point Club Properties Lot ~48. Dated: April 21, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to NewspaPers: Please publish once, commencing April 24, 1980 and forward five (5) affidavits of publication on or before April 28, 1980 to: Board of Appeals, Main Road, Southold, New York 11971. Tel. (516) 765-1809. Copies mailed to: (on April 21, 1980} Mr. Ernest F. Richter as agent for Lorne Greene Mr. Samuel B. Prellwitz Mr. William B. Smith for Mr. PrelIwitz Mr. Arnold D. Gardner Mr. and Mrs. George R. Tiebel Richard F. Lark, Esq. for Mr. and Mrs. Tiebel Mr. Stephen Eggers Mr. Arthur Simerling as agent for Mr. Eggers TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 E×amined ~ ............... , 19... .Approved ................ , 19... Permit No. ........... Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ....... ?. .... 19 ~..0 FNSTRUCTIONS a. ~ app~cafion must be completely fi~ed ~ by Wpe~ter or ~ ink ~d ~bmitted ~ ~p~cate to ~e Bufl~ ~spector, ~ 3 se~ of p~s. accurate plot p~ to sc~e. Fee accor~ to ~ed~o. b. Plot pl~ ~ow~g inca~on of lot ~d of b~d~ on premises, ~lafion~p to adjo~ pmm~ or pub~c or areas, ~d ~g a det~ed desc~pfion of layout of prope~ must be ~a~ on ~e ~a~ w~ ~ p~ of ~ appl~ c. ~e work c~emd by ~ application may not be co~enced before ~ce of B~g Pe~it:' d, Upon approv~ of ~ appEcafion, ~e ~fl~g ~spector w~ l~e a B~d~ Pe~it to ~e app~c~t. ~ pe~it sh~l be kept on ~e pm~s av~able for ~specfion ~m~out ~e work. ' e. No bufld~g ~ be occupied or u~d ~ whole or ~ pa~ for ~y pu~o~ what~cr ~ a CeleSte of Oc~p~ sh~l have been ~ted by ~e Bufld~g Inspector. ' ~PLICATION IS ~REBY MADE to ~e ~d~g Deponent for ~e ~ce of a Buffing Pemit B~d~g Zone O~an~ of ~e TOm of Sou~old, ~ffo~ County, New York, ~d other applicable ~ws, O~c~ Re~a~ons, for ~e ~ns~c~on of b~d~, additions or ~temtions, or for ~mov~ or demo~on, ~ ~m~ d~c~bed. ~e appHc~t a~es to comply wi~ ~ applkable la~, offices, b~g e~e, housing ~de, a~it au~ofized ~ectom on premiss ~d in bufld~ for nece~n~e~o~.~ (S~at~ of appHc~t, ~g addm~ of a~H~t) State whe~er app~c~t ~ owner, levee, a~nt, ~c~tect, en~eer, gene~ con~ctor, elec~ci~, plumber or builder. Nme of o~er of prem~es.. &~ ........ ~2~4 / ~ ............................. (as on ~e t~ mH or latest deed) If apphc~ ~ a co~om~on, ~atum of d~y auto. ed officer. (N~o ~d rifle of co.orate offic~) , Elec~m~ s L~cen~ No ....................... Loca~n of land on w~ch proposed work wffi be done... ~ ................ .~/. ........... ~ ............ 1. House N~ber S~eet ................................ ~let / '~' 2. State e~t~g u~ ~d oc~pancy of pmm~es ~d ~tended~ ~d occu~cy of propo~d cons~cfion ................. o~..~. 3. Nature of work (chcck which applicable): New Building ................. / Addition... Alteration .......... . Repair .............. Removai .............. D~molition .............. Other Work .......... , .... 4. EstLmatedCost .... ~.O ~ ~ (Desc~ption) (to be paid on f'fling this application) 5. If dwelling, number o f dwelKng units ............... Number of dwellthg units on each floor ................ if garage, nimther of cars ........................................................................ 6. If busilless, commerciai or mixcd occupa~cy, specffy nature and extant of cach type of use ..................... 7. Dkmensionsofexistingstructures, ifany: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Depth ...................... Height ...................... Nmnber of Stories ...................... 9. s .oflot: Front Res ...................... Depa ...................... i0. Datv of Purchase ................... I ......... Name of F~rr~ Owner ............................. Zone or use district in which premises are situated ............ ~"T~ .................................... 12. Doesproposcdconstructionviolataanyanninglaw, ordinanceorrcgu!ation: ................................ 13. Will lot be regraded ............................ Will excess fill be ~moved from premises: Yes No i4. Nan¢ of Owner of premises .................... Addra~s ................... Phone No ................ Name of Archi~ct ........................... Address ................... ]?hone No ................ Name of Contractor .......................... Addres~ ................... Phone No ................ PLOT DIAGRAM Locate ~learly mad distinctly all buildings, whether existing or proposed, and, indicate ~ set-back dilne_mians from property linea. Give street and block number or description according to deed, and show street nmues and indicate whother STATE OF NEW ~43P~J~, ff~. COU~!TY OF .~. S.S ................................................. being duly sworn, deposes and says that he is t. he applicant (Name of individual signing contract) above named. He is [he ....... ................................... ............................................... (Contractor, agent, corporate officer, etc.) of sa/d owner or owners, and is duly authorized to perform or have performed Lhe said work and to mt~ke e-nd file this application; that all statements contained in ~ appllcati~n a~e true to the best of his knowledge and belief; and that the work will be performed in the ma~'mer set forth in the application fried therewiLh. Sworn to before me this ............. ..... ...... N~t~ ~:'.~: ~:.- ~ ~ ¥o~,i .~-X-/Z~...~:/././././././.¢~... ~ ...... ~ {. Y. ~ X....T ..... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR . APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF s~TNoLD, N. Y. ], (We) S~muel B. ?rellwttz of 'I'ndim-~ Neck Lane, Name of Appellate! Street and Number ............. .~..e..o..o, .~.~ .o. .................................................................. .~..:...,~..t ............. HEREBY APPEAL TO Municipality State ]'HE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~PPLICATION FOR pERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) Nome of Applicant for permit of ~.~0 i~4e.q:~,.~.~,~g Street Southold N Y Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ~.~.~J:~ ~.~...~_..~..,e, .~esideq~..s.3: .................... Street U~ District oB Zoning Mop PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~seCtion and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) lO0-~o A (]_) 3. TYpE OF APPEAL Appeal is made herewith for X) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New Yore Town Law Chop. 62 Cons, Laws Art: 16 Sec. 280A Subsection :3 4. PREVIOUS APPEAL A previous appeal (b¢~) (has not) been mode with respect to this decision o~f the Building Inspector or with respect ta this property. ~uch ~ppeal was ( ) request for a speclal permit ( ) request for a Yariance c~nd was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL q ) A Variance to Section 280A Subsection 3 (ix) A Variance to the Zoning Ordinance , ) ~ requested for the reason that the owner was denied ~ major five lot subdivision ,ith min~r roads by the Southold Town Planning Beard. (Continue on other side) REASON FOR APPEAL Continued I. STRICT'APPLICATION OF THE ORDINANCE would produce practical difficuiti~ or unneces- sa~HARDSHIPbecau~ the owner will n0~ build a ~0 ft. road through a beautiful piece of woodland to service two houses on his proper~y ~nd a right of way ~o property to west. This road would n0~ be over 475 ft, long. 2. The Hardship createdis UNIQUE andis notshared by all prope~ies alike in the immediate new house on 4.47 acre parcel-which would be northwest of the right He .is keeping this house for su~mmer use b~ his children and for summer 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because several adjacent parcels of land on Indinm Neck Lane are private roads servicing one or several houses STATE OF NEW YORK ) COUNTY 0~) Sworn to this ....................... ~..,.~ .......... day ~ ~Notary Pu~ Signature TOWN OF SOUTHOLD PROPERTY .I~E~ORD CARD ~)WNER STRFET ~-~ ~ dL~ VILLAGE DIST. SUB. LOT . , ACR. J FORMER OWNER N .,~,~,r~m.~ E _.~'/~/,~,, ~,~/~-~.J~C ~ S ~ W CODE DATE OF CON~BUOTION ~ND IMP. TOTAL DATE R~RKS ~ ~ -- Tillable , FRONTAGE ONWATER W~lond FRONTAGE ON ROAD .. M~nw~ DEPTH Hou~ Plot BULEH~D Totol xmr~sion ~rch eck arag~ Foundation Basement Ext. Walls Fire Place Pool Patio Driveway Bath Floors Interior Fin ish Heat Attic Rooms 1st Floor Raoms 2nd Floor ;J o 2.3 7.4