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HomeMy WebLinkAbout34915-ZFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34076 Date: 11/17/09 THIS C~u(TIFIES that the building "AS BUILT" ACCY GARAGE Location of Property: 1134 BRIDGE LA (HOUSE NO.) (STREET) County T~ Map No. 473889 Section 118 Block 1 Subdivision Filed Map NO. __ Lot No. __ CUTCHOGUE Lot 9 (HAMLET) conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 22, 2009 pursuant to which Building Permit NO. 34915-Z dated AUGUST 7, 2009 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY NON-HABITABLE UNHEATED THREE CAR GARAGE AS APPLIED FOR PER ZBA # 246 DATED 5/28/9. The certificate is issued to ALAN A & JEANNE CARDINALE JR ( OWNER ) of the aforesaid building. ~uFwOLK COUNTY DEPART~T OF H]~ALTH APPROVAL N/A RLR,JrKICAL CERTIFICATE NO. 11416 10/19/09 PLiErS ~KTIFICATION DA'r~l~ N/A A~thorized Signature Rev. 1/81 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPAN£ OCT 6 2009 BLDG. DEPT. TOWN OF SOUTHOLD This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of ail buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dweliuig $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 Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 New Construction: Location of Property: 1 House No. Owner or Owners of Property: Suffolk County Tax Map No 1000, Section Subdivision .~ tk~ ~ u Permit No. ~ Orq I g 2- Date of Permit. Health Dept. Approval: Planning Board Approval: Request for: Temporary Certificate Old ar Pre-existing Building: Street Date. ,o1 ,1o (check one) Hamlet Block } Lot Filed Map. Lot: Applicant: Underwriters Approval: Final Certificate: ~ (check one) Fee Submitted: $ '2-~ --~ 40 Nottingham Drive, Middle Island, NY 11953 Telephone:631 4958136 · Fax:631 9806455 · E-Mail:SBEIGS@gmail.com CERTIFICATE OF ELECTRICAL COMPLIANCE Applicant: Rough In ]'nspection Date: Application No.: No~h Electric LLC October 19,2009 11416 Certificate No.: Final Inspection Date: Building Permit No.: 11416 October 19,2009 County Tax Nap No.: This Certificate of Electrical Compliance is limited to the inspection and compliance of electrical equipment and/or work described below, installed by the applicant named above, located at the premise of and not after the final inspection date above: Owner: ALAN CARDTNALE Site Location: 1134 BRTDGE LANE, CUTCHOGUE, NY 11935 Owner's Address (if different): ~ Residential ::'] Indoor [~ Basement ~ Service Shed Commercial il;i Outdoor l?j First Floor [ _' Pool Hottub New [ i Renovation [-'~ Second Floor iT.,;' Attic ..~Garage Addition !i~ Survey Other: Single Phase Three Phase Main Panel Sub Panel Transformer Disconnect GFCI Breaker INVENTORY Heat Duplex Recpt 9 Ceiling Fixture 8 HID Fixtures Hot Water GFCI Recpl 2 Wall Fixture 3 Smoke AC Con~ Single Recpt 3 Recessed Fixture 8 CO Detect AC Blower Range eecpt Flourescent Pumps Appliances Dryer Recpt Emergency Time Clock Switches 5 Twist Lock Exit Fixtures TVSS Heat Pump Electric Heat Pool Luminaire Exhaust Fan Other Equipment: approx 600 sq ft The electrical work and/or equipment described above were inspected and appear to be in compliance with local, state and national electrical code requirements and this office. Applicant: North Electric LLC Inspected By: Roger Richert License No.: 890-ME Date Of Certificate: Oct 23,2000 Signature: 40 Nottingham Drive, Middle Island, NY 11953 Telephone: 631 495 8136 . Fax: 631 980 6455 · E-Maih SBEIGS@gmail.com CERTIFICATE OF ELECTRICAL COMPLIANCE Applicant: Rough In Inspection Date: Application No.: North Electric LLC October 19,2009 11416 CeKcificate No.: Final Inspection DaLe: Building Permit No.: 11416 October19,2009 County Tax Map No.; This Certificate of Electrical Compliance is limited to the inspection and compliance of electrical equipment and/or work described below, installed by the applicant named above, located at the premise of and not after the final inspection date above: Owner: ALAN CARDlrNALE Site Location: 1134 BR~'DGE LANE, CUTCHOGUE, NY 11935 Owner's Address (if different): Residential Indoor Basement Service Shed Commercial Outdoor ~ First Floor Pool Hottub New ' Renovation i Second Floor i Attic ~arage Addition Survey Other: INVENTORY Single Phase Heat Duplex Recpt 9 Ceiling Fixture 8 HID Fixtures Three Phase Hot Water GFCl Recpt 2 Wal~ Fixture 3 Smoke Main Panel AC Cond Single Recpt 3 Recessed Fixture 8 CO Detect Sub Panel AC Blower Range Recpt Flourescent Pumps Tlansformer Appliances Dryer Recpt Emergency Time Clock Disconnect Switches 5 Twist Lock Exit Fixtures TVSS GFCI Breaker Heat Pump Electric Heat Poor Lumina~re Exhaust Fan Other Equipment: approx 600 sq fl The electrical work and/or equipment described above were inspected and appear to be in compliance with local, state and national electrical code requirements and this office, Applicant: North Electric LLC inspected By: Roger Richert License No.: 890-ME Date Of Certificate: Oct 23,2009 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0484C Date October 14, 2009 THIS CERTIFIES that the removal of an accessory dwelling structure and attached deck; asphalt driveway, and leaching pool; construction of a one-story detached garage, pervious gravel driveway extension, installation ofdrywells, pervious paver walkway, and non-turf buffer areas At 1134 Bridge Lane, Cutchogue Suffolk County Tax Map #118-1-9 Conforms to the application for a Trustees Permit heretofore filed in this office dated 9/24/08 pursuant to which Trustees Wetland Permit #7141 dated 7/22/09 was issued and conforms to aH of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for thc removal of an aecossorv dwelling structure and attached deck, asphalt driveway, and leaching pool; construction of a one-story detached garage, pervious gravel driveway extension, installation ofdrywells, pervious paver walkway, and non-turf buffer areas. The certificate is issued to ALAN CARDINALE, JR. owner of the F erty~ id~p Authorized Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUII~DING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34915 Z Date AUGUST 7, 2009 Permission is hereby granted to: ALAN A CARDINALE PO BOX 77 MATTITUCK,NY 11952 for : NON-HABITABLE "AS BUILT" ACCESSORY GARAGE PER ZBA DEC. #6246 AS APPLIED FOR at premises located at 1134 BRIDGE LA CUTCHOGUE County Tax Map No. 473889 Section 118 Block 0001 Lot No. 009 pursuant to application dated JULY 22, 2009 and approved by the Building Inspector to expire on FEBRUARY 7, 2011. Fee $ 398.40 Authorized Signature ORIGINAL Rev. 5/8/02 Date: September 22, 2009 JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattimck, N.Y. 11952 (631) 298-7116 To: Town of Southold Building Dept. Strapping/Framing/Foundation Inspcctions Cardinale Bridge La Cutchogue, NY 11935 Permit//34915Z To Whom It May Concern: Tiffs letter certifies that all wind strapping on the above mentioned detached garage is in tact, and meets all state and local building codes. A Foundation/Franfing Inspection was also Perfol'med on this Structure and thc foundation and framing were done correctly and also meets all state and local building codes. Any questions please feel frcc to call. Sincerely . Deerkoski P.E. Phone:631-727-2090 Nathah Taft Corwin III Land Surveyo~ P.C. Successor toJosephA. Ingcgno 322 RoanokeAvenue RO. Box1931 Rive~ead, NY 11901-0965 E-Mail:NCorwin3@aol.com Fax: 631-727-1727 APR 2 8 2D09,: 1 April 24, 2009 Alan Cardinale Jr. 1134 Bridge Lane Cutchogue, New York 11935 RE: Elevation of the foundation of the garage at 1134 Bridge Lane, Cutchogue Dear Alan: ./The eleyation of the foundation of your garage at 1134 Bridge Lane, Cutchogue is at elevation 8.0 feet as referenced to the NGVD Datum of 1929. Should you have any questions, please do not hesitate to contact me at anytime at the urveyor djc TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION REMARKS: DATE 0~0~ 2008 · TOW~ OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorChFork.neI 18:18 SOUTHOLD 8UILOING DEPT 16317659502 PERMIT NO- Approved Disapproved PRGE4 BUILDING PEPdVIIT APPLICATION CHECKLIS~f Do you have or need the fi)llowing, bctbrc applying? Board of l-Iealth 4 sees of Buildl.ng Plans Planning Board approval SUtwey_ Check Suptic Form Flood Pecnlit. C'onlacl: Mail to: Expiration .., ~.~6.~__.,~ ' (:a'rl FOR ', ' ~ Date q/3O, _ 200~ ~ ._ ' '_A'~, .' ,. INSTRUCTIONS a. ~is application MUST be completely filled M by t~ewfiter or in mk and sub,tied to the BuildMg h)spector with 4 sets of plan~, accurate plot pl~ to ~cale, Fc¢ according to schedule. b. Plot plan showing locadon of lot and oF buildings on pre,irises, relationsMp to adjoining premises or publi~ ~cets or areas, and watc~ays. c. ~e work covered by thi~ application may not be commenced ~Ib~ issuance of B~Iilding Permit. d. Upon approval o{'this application, thc Building ~pector will ia~uc a ~uilding Pe~it to the applicant. Such a permit shall be kept on thc premises available t~r inspection throughout the work. c. No bnildMg ~hall be occapicd or used in whole or in paa for any pll~ose what so ever tllg~l the Building ~apcctor iasu<a a C~ificate of O~c~pancy. f. Eve~ b~ilding ~it shall expire if thc work authofizcd has not commenced witMn 12 months a~¢r ~c date of issuanc¢ or bas not bec~ completed within 18 l~onths from such ~te. If no zomng amendments or other regulation~ affcctitlg the propetay ~w bccn enacted in ~c interim, the Buildo~g Inspector may authorize, in writing, the extension of ibc permit t~r an addition six mom~. Therea~er, a new permit shall bc required. ~PI,ICAT1ON 18 HEREBY M~)E to the Building Dcpaament tbr thc issuance ora Bulldog Pemfit p~suant to Building Zone Ordinance of thc Town of Sou~old, Suffolk Coun{y, New York, and o~¢r a~plicable Lnw~, Ordinances or Regulations, lbr t}*c construction oFbuildinga, additions, or alterations or fi)r removal or demolition as herein described. applicant agr~s to vomply with all apolicable law~, ordinances, building code, housing code, and re~lations, and to admit authorig¢d ivspectors on premises and in building For necessary insp<cthms. (S gnaturc of =ppli~{mt or name. ifa corporation) State whether applicant is owner, lessee, agcnl, architect, engineer, general conu'actor electrician, plumber or builder (As on the tax roll or latcst dccd) If applicant is a corporation, sibmaturc of duly authorized officer (Name and title of corporate officer) Builders Liccnsc No. Plumbers License No. Elcctricimis Licex~se No. Other Trade's License No. Loc:Ilion of land on which pro.~.joosed work will bc done; 1 ]ouse Number Street County Tax Map No. 1000 S~ction [ [ ~ ~Block Subdi vision Filed Map Lot 12:18 SOUTHOLD BUILDING DEPT 16317659502 PAGE3 State existing use and occupmicy of premises.and intended use and occapancx of proposed construction: Naturc of work (check which applicable): Ncw Bmlditlg_ Repair. __ Removal Dcnlolitim~__ Estimated Cost ~0, 0D~) Fcc Addition. Other Work If dwelling, number of dw¢llillg units If garage, number of cars _ .~ If business, commercial or mixed occupancy, specify nature and extent oread) type of use.._ Dimcnslons of existing structures, ifany: Front__ __ Rear __ Dc?ill Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth. Height Number of Stories Dimensions o¢ entire new construction: Front Rear__ .Depth Height Number of Stories Alteration__. __ (Description) (To bc ~aid on filing this application) Number of dwelling units o1~ each floor Size of lot: Front __ Rear__ .Depth Rear Date of Purchase __ Name of Former Owl)er Zone or use district m which premises ~e situated _ f! S ~d&t~'~/'a-~ . __ Does proposed constrdction violate ,'lily zoning law, ordinance or regulation? YES 3. Will lot be rc-gr'adcd? YES__ 4. Names of Owner of prmnises Name of Architect __ Name of Contractor NO NO Will cxcess fill he removed l¥om premises? YES__ Address __ Phone No. __ Address. __ __Phone No Address __ Phone No. __ NO 5 a. Is this property wi~in 100 feet eta tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feel ora tidal wetland'? * YES NO__ * IF YES, D.EC. pFRMITS MAY' BE REQUIRED. NO 6. provide survey, to scale, with accurate fotmdation plan and distances to property lines. 7. If e evatio~ at any point on property is at 10 fcct or below, inust provkle topographical data on survey. 8. Are there any covenants and restrictions with respect to this property'? * YES · IF YES, PROVIDE A COPY NO .TATE OF NEW YOgK) aOLB_ ~4- ~CI( ~; ~( being duly sworn, deposes and says thai (.)he is the applici.,l (Name of individual Sigllillg co~tract) above iiamed, S)He is the __ (Ct nlractor, Agen. C )rpmate O¢ficcrl etc.) ,f said owner or owners, and is duly authorized to perform or have pe~tBrn~cd thc said w( rk a ~d to n~tkc alld tile tiffs applicadoi). hat all statements contained in this application are true to the bcsl oFhis knowledge and bcli¢l} and that the work will he ,ertBrmed in Ihe manner set forlh m the applicalion filed therewilh. ~ McKINNON ;worn tv ~.tbr¢ me this~ 200~ ~[1311N~ ~ - State of New Yolk No. 01 MC6101870 Qua~ in Suffolk Courn'y res Nov. 17, 201~ BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7141 DATE: JULY 22, 2009 ISSUED TO: ALAN CARDINALE~ JR. PROPERTY ADDRESS: 1134 BRIDGE LANE~ CUTCHOGUE SCTM# 118-1-9 AUTHORIZATION Pursuant to the provisions of Chapter 2;~5 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 22, 2009, and in consideration of application fee in the sum of $250.00 paid by Alan Cardinale, Jr. and subject to the Terms and Conditions as Stated in the Resolution, the Southold Town Board 0f Trustees anthoi'izes and permits the following: Wetland Permit to remove the accessory dwelling structure and attached deck, asphalt driveway, and leaching pool; and construct a one-story detached garage, pervious gravel driveway extension, and install dryweils to capture and recharge roof run-off with the conditions of a pervious paver walkway and the installation of non-turf buffer areas, and as depicted on the survey prepared by Nathan Taft Corwin III, last dated July 9, 2009, and received on July 20, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Alan Cardinale, Jr., residing at 1134 Bridge Lane, Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assu, roes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Sonthold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the fight of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permi.'ttee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 0T-30-8008 18:18 SOUTHOLD BUILDING DEPT 16~17659508 PAGE8 Town of Southold Erosion, Sedimentation & Storm-Wator Run-oft ASSESSMENT FORM Item Number; PROPERTY LOCATION; 5.C.?.M. e: THE FOLI,QWIN~ ACTIONS f4AY I~FQI)II~E THE SUBMISSION OF A ~en t L~I ,TORM-WATIEI~. GRADING. ,RAINAGE ANO EROSION CONTROL I.LAN ;It~lcl BI ck CERTIFIED BY A DESIGN PROFESSIONAL IH THE STATE OF NEW Y~K. (NOTE; A Check M~rk (~ } for ea~ Question i~ Required for ~ Complete ~plic~tion) Yes No 1 2 3 4 5 6 7 8 9 Will 1his Project H#t~irl All Storm-Water Run-Off Generated by e TWO (2") Inch Ralnhell on Site? (This ilem will hrclude all run-off ~eated by site cletering end/or oonstructton actlvllles as well as all Site Improvements and the p~rrnal3ent creation o! impervious surfaces,) Does the Site Plan and/or Survey Show All Proposed Orainage Structures Indica~ng Size & Locotion? Th[5 Item shell Include all Proposed C;rade Changes and Slopes Cent/oiling Surface WatorFIow! Will this Project Require any Land Filling. Grading or Excavation where ff,er~ is ~ change to the Natural Existing Gr~lrJe involving more than 200 ¢:~ b c Y**r s DJ' Materiel within any Parcel'> rive Thousand (.5,000) Squat. Feet el Ground Surface? Is this Project within th~ Trustees jui'isciiction or within One Hundred (100') I'eet ~f e Welland or Beech? Will there be 9he preporation on Existing Grade ~lop~e[~ which Exceed Fifteen (15) toot of Vortical Rise to One Hundred (lo(r) c~ Horizontal Distance? Will Driveways, ;-)ar~ing A~s or other Impervious Surfaces be Sloped lo Direct Storm-W~ter Run-Oil into and/or in th~ direction el ~ Town right-ol'-w[ey? any Item Within the Town Right-of-Way or Road Shoulder Area? (This Item will NOT include the Installation of IDrlveway Aprons,) Will lids Project Require Site Preparation within lhe Ora~ I lundr¢:d (100) Year rloodplain of any Watercourse? NOTE: If Any Answer to Questions One through Nine Is Answered with = Che~k M.rk in the Box~ · Storm-Water, Grsding, Drainage & Erosion Control Plan is Required and Most be Submitted for Review Prior to Issuance or Any Building Permltl EXEMPTION; Ye__s.. N~o Ooe~ Ibis project moot ~o minimum stendard~ ~r Gasification e~ an Agricultural Proje~? Note: II You Answered Yes to thi~ Question, a 5to~.Water, Grading, Drainage & Erosion Control Plan is NOT Required~ ~ 'n.. .............. o,4, uz~61 ...... make ;m c Q i~ applicadon; th t all ,tarl~mci]13 conS;tined ill thb application are Il'lie lo d)e best of his knowledge and belieF, rh;~t dm work ~11 I)c per[brined in th~ I11a1111~1 set l'orth in thc ;q)l)li('alion Iilcd licrcwidz, Sworn to bcJbre IBc rhb; ~o.~ ............................................. ................. FORM - 06~07 Office Location: Town Annex/First Floor, Capitol One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 2009 BLDG. DEPf. TOWN OF SOUTFIOLD http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FINDINGS, DELIBERATIONS AND DECISION MEETING DATE: May 28, 2009 ZBA FILE # 6246 - ALAN CARDINALE JR., Applicant PROPERTY LOCATION: 1134 Bridge Lane, Cutchogue; CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject parcel is a conforming 81,949 sq. ft. parcel in the Residential R-40 District. It is uniquely shaped like a peninsula, surrounded by Wunneweta Pond and a creek on three sides. The landward property line measures 157.35 ft. It is improved with a two story frame house and accessory garage under construction. BASIS OF APPLICATION: Request for Variances under Sections 280-15C, 280-18, 280-116B, based on the Building Inspector's Oqtober 20, 2008 Notice of Disapproval concern nga proposed accessory garage under constructon (after as-bruit demol ton of an accessory garage), which new construction ~s proposed at less than the code-required mnimum:il (a) less than 50 feet for the front yard setback and (b) less than 75 feet from the bulkhead. LWRP DETERMINATIO, N: A Letter dated April 21, 2009 confirming inconsistency was submitted to the Board of Appeals under Chapter'95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The letter noted that "The proposed residential structure is located within an AE base flood elevation of 8 feet; an area of special flood hazard with a 1% or greater chance of flooding in any given year. This is the regulatory standard also referred to as the "100-year flood." Southold Town Code requires that the structure be flood compliant pursuant to Chapter 148 Flood Damage Prevention.", At the request of the Board, the applicant's atiomey, Mr. William Goggins, submitted a letter of response dated Apd127', 2009 in which he notes that the LWRP Memorandum inaccurately states that "The proposed residential structure is located within an AE flood elevation of 8 feet, when, in fact, the application is for an accessory garage, not a residential structure." In a memorandum dated May 15, 2009, the LWRP Coordinator, Mark Terry cited Chapters 148-18 and 148-9 in which residential and non-residential structures are defined, concluding that the differentiation of structure is based upon type of use, therefore a~ accessory garage located on a residentially zoned parcel is a residential structure, which Page 2 - May 28, 2009 ZBA # 6246- Alan Cardinale, Jr. CTM 118-1-9 had been vedfied by the Town's Flood Zone Administrator. A letter confirming that the elevation and foundation of the accessory garage is elevation 8.0 ft was received from Land Surveyor, Nathan Taft Corwin III dated Apdl 24, 2009. The Board also received a letter from Suffolk County Soil and Water, dated February 4, 2009, signed by Nicole Spinelli, Distdct Technician, indicating that upon site inspection, "no natural resource concerns were observed at the applicant's property with regard to the accessory garage under construction." The Board finds that the applicant has taken sufficient measures to mitigate inconsistencies with LWRP policies as noted in the determination and conditions below. RELIEF REQUESTED: The applicant has demolished an existing accessory garage which was located 4.2 ft. from the front yard setback and proposes to construct a 'larger accessory garage (under construction), with a front yard setback of 13.8 ft where the code requires 50 ft., and located 31 ft. from the existing bulkhead on Wunneweta Pond where the code requires a 75 ft. setback. ADDITIONAL INFORMATION: At the Public Headng in Apdl 23, 2009, the applicant's attorney, William Goggins, submitted to the Board of Appeals, the legal definitions of front yard, side yard and rear yards, arguing that the subject property is uniquely shaped like a peninsula surrounded on three sides by water and subsequently the location of the proposed accessory garage does not accurately fit into any of these definitions. Moreover, the applicant had assumed the location of his accessory garage to be in his side yard and had attempted to comply with the code required side yard setback of 15 ft. However, an error by his surveyor located the structure at 13.8 ft. Mr. Goggins also submitted a color coded tax map of the neighborhood, 32 photographs taken from the water, and a list of names and addresses of 33 properly owners on Wunneweta Pond and Fisherman's Beach that all have accessory .structures located within 30 ft. of the water. Mr. Goggins further submitted signed and notarized affidavits from the property owners to the east (John and Sarah Miller) and to the south (Walter and Mildred Silbemagel) both suppoding the vadance application and confirming that an accessory garage with habitable space had always been there, noting that the removal by the applicant of habitable space for a proposed garage use only was a less intense use and more consistent with the character of their neighborhood. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following 'findings; 1. Town Law ,~i267-b(3)(b)(3){1). Grant of the variance will not pr6duce an undesirable change.in the character of the neighborhood or a detriment to nearby properties. Substantial evidence was presented to the Board at a public hearing, in addition to first hand observations from site inspections by Board members, confirming that accessory structures located within 30 ft. of the water in this neighborhood are common. Moreover, the closest structure to the applicant's proposed garage is the eastedy neighbor's accessory structure, whiqh is also located at a similar distance from the bulkhead on the pond. The previous accessory garage that the applicant demolished contained habitable space, and the conversion to a garage only use is less intense and more in keeping with the neighborhood. 2. Town Law §267-b(3){b)(2). The benefit sought by the applicant cann.ot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the proposed location in a front yard on this parcel which is surrounded by water on three sides is the only feasible location available for an accessory garage. 3. Town Law §267-b(3)(b)(3). The variance granted herein for the front yard setback is not substantial in so far as there is ambiguity in the interpretation of the definition of a front or side yard on this uniquely shaped parcel, and if the proposed location for the accessory garage was deemed to be in a side yard, the vadance requested is for only 1.2 ft. The vadance granted of 31 ft. from the 75 ft minimum code required bulkhead setback is 58.6% and is substantial. Page 3- May 28, 2009 ZBA # 6246 - AJan Cardinale, Jr. CTM 118-1-9 4. Town Law §267-b(3)(b)(5). A) The difficulty has not been self-created but is the result of the unique shape and location of the subject property. If the applicant were to comply with the 75 ft. setback from the bulkhead there would only be room for a 7 ft: accessory structure. B) The difficulty has been self-created inasmuch as the applicant proceeded to build this building without a permit. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential communi,ty will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant' has removed a cesspool and an impervious.asphalt driveway and replaced it with pervious material, installed drywells to contain roof runoff,~and the exis{ing bulkhead along the pond is in very good condition. The applicant has established a 10' non-turf buffer between the accessory garage under construction and the bulkhead. A letter dated February 4, 2009, from Suffolk County Soil and Water, indicated that no natural resoume concerns were observed at the applicant's property with regard to the accessory garage under construction. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage, 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 Weisman, seconded by Chairman Goehdnger, and duly carried, to GRANT the variance as applied for, and shown on the survey dated September 23, 2008 prepared by Nathan Taft Corwin III, Land Surveyor, and the architectural drawings by MCH Design Services, Sheets Al- A6 dated October 23, 2008, subject to the following Conditions: 1. The accessory garage shall contain only the utility of electricity, shall not be heated, and the attic space shall be used for storage only. 2. A 10 ft. non-turf buffer planted with native plants such as rosa ragusa between the accessory garage and the bulkhead; and this non-turf buffer shall be continuously maintained. 3. The accessory garage must be fitted with gutters and leaders that discharge into a drywell to contain surface water and prevent damage from storm water runoff to the creek and Wunnewetta Pond. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Simon, and Schneid_d..eg_[Member Wejsman was abser~,). This-Resolution was duly adopted (4-0). dun~ 87'1 N 25'09'55" W 28.06' S 69°28'01" E 29.46' S 79.17,19,' ~ co -6 75.56' S ~2'57 54 ?ot~g TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSOIENCE ON NOVEMBER 3, 2006) t3, SURVEY OF PROPERTY SITUATE NASSAU POINT TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-118-01-~.1 1000-118-01 -09 SCALE 1"=$0' DECEMBER 27, 2004 DECEMBER 3, 2006 ADDED PROPOSED ADDITIONS DECEMBER 20, 2006 ADDED ADDITIONAL NOTES JULY 25, 2008 UPDATE SURVEY LOT AREA DATA (TO TIE LINES & BULKHEAD) S.C, TAX No, 81,949 sq. 000- 8-0-09 1.881 ec. NOTES' 1. THIS PROPERTY IS SHOWN AS PART OF LOT 116 ON AMENDED MAP A OF NASSAU POINT FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON AUGUST 16, 1922 AS FILE No. 156. 2, ELEVATIONS SHOWN ARE REFERENCED TO N.G.V.D, 1929 DATUM. S. NO ADDITIONAL FILL SHALL BE REQUIRED._~>~ -_ 4. THIS PROPERTY IS IN FLOOD ZONE AEL~_L 8~AS SHOWN ON FLOO_D INSURANCE RATE MAP No. 3610~C0502 G ,.ZONE A~: BASE FLOOD ELEVATIONS DETERMINED EXISTING LOT COVERAGE DATA OVER WETLAND ADJACENT AREA WETLAND ADJACENT AREA= 6fl,184 sq. fl. DESCRIPTION AREA % LOT COVERAGE HOUSE 5,259 sq. ff. 5.0% WOOD PORCH 2,405 sq. fl. 5.6% GARAGE 761 sq. fl. 1.1% GAZEBO 100 sq. ff. 0.2% TOTAL 6,555 sq. ft. 9,9% THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD. IF ANY, NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 OFFICES LOCATED AT 322 Roonoke Avenue Rwerheod, Nee Yod~ 11901 Fox (631)727-1727 g?-ggl~ FRONT ELEVATION SCALE: 1/4" = 1'-0" LEFT ELEVATION SCALE: 1/4" = 1'-0," ,,,''" ','", ' ;-n "46" FLOOD ALL CONSTRUCTION SHALL MEF" T:'[r- REQUIRE iENTSOFTHE ,.,ruES OF NEW YORK STATE, NOTIFY BUILPIN3 ~,EF"q-MENT AT 765-1802 8A~ rO ,;F~J FOR THE FOLLOWING IN',wr'C' h', ,°' 1. FOUNBATIOH - 7 ] RECURRED FOR POURED [· CREIE 2. ROUGH - FR~,' '~G ,~ P~.UMBING 3. INSULATION 4. FINAL - CO[, :gqON MUST BE COMPLEh "' CO, ALL GONSTRUCi ,N SHALL MEET THE REQUIREMENTS 'F THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. CERTIFICATION OF NAILING,& WITHOUTOCCUPANCYUSE REQUIRED,,.isCONNECTIONS:'- UNLAWFUL CERTIFICATE OR ~ OF OCCUPANCY RETAIN STORM WATER RUNOI PURSUANT TO CHAPTER 236 OF THE TOWN CODE. M C H www.mchd esianservices ,com phene: (631) 298-2250 michael@ mchdeslgnservlces,co m DRAWN BY: MH July 27, 2008 SCALE: 1/4" = 1'-0" SHEET NO: REAR ELEVATION SCALE: 1/4" = 1'-0" N~ ~ H .m h i nservi ~m phone: (631) 298-2250 michael@ m chdes~g nservices.cor DRAWN BY: MH July 27, 2008 SCALE: 1/4" = 1'-0' SHEET NO: RIGHT ELEVATION FOUNDATION PLAN SCALE: 1/4" = 1'-0' M ~, H w~w.mch i nserv} . phone: (63'1) 298~2250 e-mail: michael@ mchdesrgnsewices.com DRAWN BY: MH ]uly 27, 2008 SCALE: 1/4" = 1'-0" SHEET NO: FLOOR PLAN SCALE: 1/4" = 1'-0' M F, H www.mch desio n services. GOre phone: (631) 298-2250 e-mall: mlchael@mchdesig n services.corn DRAWN BY: MH )uly 27, 2008 SCALE: 1/4" = 1'-0" SHEET NO: 2' OV£RHANG ROOF PLAN SCALE: 1/4" = 1'-0' M C H phone: (631) 298-2250 'nichael@mchdesig n services.corn DRAWN BY: NH ]uly 27, 2008 SCALE: 1/4" = 1'-0" SHEET NO: 4,, WIND-BORNE DEBRIS PROTECTION FOR WOOD STRUCTURAL PANEL AS PER TABLE 1609.1.4, N.Y.S. RES. CODE: ALTERNAT/VE FOR OPENING PROTECTION (IF NOT USING IMPACT GLAZIN(~) WZNDBORNE DEBR~ PRO'IECTJON F/~TENING SCHEDULE FOR WOOD EFRUCIURAL PANELS WOOD s'rRUCTUHAL PANELS W~'H A MINIMUM THICKNESS OF 7/16" AND r4AXZMUM pANEL SPAN OF 8 FEET SHALL BE PERNTFI~D FOR OPENING PROTECTZON IN ONE- AND q~NO-STORY BUILDINGS. pANELS SHALL ~E PRECUT TO COVER GLAZED OPENINGS Wtq'H ATrAO-IMENT HARDWARE PROVIDED. (REFER TO SECT[ON 1609,1.4, 1609.6.5 AND TABLE 1609.1.4 OF N.Y.S. CONSTRUCT[ON CODE). THIS iS NOT A SUB~ ~ UTJON FOR DESIGN-pRF~URE. ALL OPENINGS MUST HAVE DF~[GN-pRESSURE UPGRADE~ WHERE APPLICABLE. ALL PANELS MUST BE CUT TO SiZE AND READY TO USE ON ANY NIE~ W~NDOWS AND DOORS. SHu ~ ~ ~S MUST BE MARKED FOR WHAT OPENING Tr LS TO COVER, EYEBROW DORMER E VENT SECTION A-A SCALE: 1/4" = 1'-0" M H www.m hde i n ervl e . m ~hone: (631) 298-2250 e-maih michael@ mchdesignservices.co m DRAWN BY: MH July 27, 2008 SHEET NO: WIND LOAD PATH CONNECTION AND CONSTRUCTION DETAIL DRAWINGS M D H phone: (631 } 298-2250 e-maih michael@ mchdesignservices.com DRAWN BY: MH ]uly 27, 2008 SCALE: 1/4"= i'-0" SHEET NO: GENERAL NOTES CONSTRUCTION NOTES: FOUNDATION NOTES: FRAMING NOTES ~therwise. WIND FRAMING NOTES DECKAND COVERED PORCH NOTES: · A minimum of 10 Inch I]ashlng shall be Installed behveen the building and ledger. PLUMBING NOTES 1 ). All wafer supply, drainage and venting to be Installed as per N Y.S. Residen0al HVAC SYSTEM NOTES ELECTRICAL NOTES: ALTHOUGH EVERY EFFORT HAS BEEN MADE IN PREPARING THESE PLANS AND CHECKING THEM FOR ACCURACY, THE CONTRACTOR MUST CHECK ALL DETAILS AND DIMENSIONS AND BE RESPONSIBLE FOR THE SAME FOR ALL GOVERNING CODES AND BUILDING PRACTICES, THESE DRAWINGS CONFORM TO GENERALLY ACCEPTED BUILDING PRACTICES; HOWEVER STATE AND LOCAL CODES VARY WIDELY THE DESIGNER SHALL NOT BE HELD LIABLE FOR ANY ERRORS ALL CONS~;[UCTION SHALL COMPLY WiTH ALL APPLICABLE STATE AND LOCAL CODES. DO NGT SCALE DRAWINGS, USE ONLY THE PRINTED NAILING SCHEDULE ROOF FRAMING: NAIL NAIL NOTES JOINT DESCRIPTIGN QTY. SPACINC RAFTERTO 8'WALL:3-SdCOMMON EACH TOE-NAIL TOP PLATE IS' WALL, 4-8d COMMON CEILING JOIST 8'WALL' ~Sd COMMON EACH ITOE-NAIL TO TOP PLATE El'WALL: ~sd COMMON JOIST CEILING JOIST TO AS PER TABLE 3,7 EACH FACE PARALLEL RAFTER WFCM - BBC LAP NAIL CEILING JOIST LAPS AS PER TABLE 3.7 EACH FACE OVER PARTITION WFCM -SBC LAP RAIL COLLAR TIE AS PER TABLE 3.4 EACH FACE TO p. AFrER WFCM - SBt END NAIL BLOCKING 2-8d COMMON EACH TOE WALL FRAMING: FLOOR FRAMING: NAIL NAIL NOTES JOINT DESCRIPTION QTY. ~PACING JOIST TO: 4 - 8d COMMON PER TOE SELL, TOP PLATE OR GIRDER JOIST NAIL BRIDGING 2-SdCOMMON EACH TOE TO JOIST END NAil BLOCKING 2 - 8d COMMON EACH TOE TO JOIST END NAIL EACH TOE BLOCKING TO: I- ISd COMMON BLOCK ROOF SHEATF lNG: ;EILING SHEATHING: JOINT DESCRIPTION NAIL NAIL QTY. .SPACING GYPSUM 7 C.C. EDGE WALLBOARD 5d COOLERS 10' O C FIELD WALL SHEATHING: NAIL NAIL JOINT DESCRIPTION QTY. SPACING FLOOR SHEATHING: NAil NAIL JOINT DESCRIPTION QTY. SPACING TI ORLESS 8d COMMON 12" 0 C. FIELD NOTES: PLAN CONTENTS: OCCUPANCY CLASSIFICATION R3 RESIDENTIAL BUILDING USE RESIDENTIAL DWELLING BUILDING HEIGHT tOTAL SQ. FT OF CONSTRUCTION DESIGN CRITERIA =RESCRIPTIVE AS PER N.Y,S. RESIDENTIAL CONSTRUCTION CODE AND 1995 SSC HIGH WIND EDITION~ WOOD FRAME CONSTRUCTION MANUAL FRAMING ELEMENTS AS PER FLOOR PLANS. CROSS SECTION AND GENERAL NOTES EXT. BALCONIES 6E DECKS 40 A~FICS wis STORAGE 10 ATi'ICS w/STORAGE 20 DESIGN LOAD CALCULATIONS ROOF (GROUND SNOW LOAD) 45 (LIVE LOADS PSF) ROOMS (OTHER THAN SLEEPING) 40 ROOMS (SLEEPING) 30 STAIRS 40 GAURDRAILS (ANY DIRECTION) 200 (SMOK~ & Co DETECTORS) ~I SEE FLODR PLANS CLIMATIC ~ GEOGRAPHIC DESIGN CRITERIA FLOOD SNOW SPEED DESIGN THERING UNE TERMITE DECAY DESIGN UNDER[AYMEN LOAD (MPH) CATEGORY DEP'rH TEMP. REQUIRED HAZARDS MODERATE SLIGHT TO 45LBS. 120 B RE 3ET. TOHEAVY MODERATE 11 NONE - ROOF SHEATHING REQ LIIREMENTS FOR WIND LOADS: GABLE ENDWALL RAKE AND RAKE TRUSS NAIL SPACING NAIL SPACING AT INTERMEDIATE ,SHEATHING LOCATION AT PANEL EDGES SUPPORFS IN THE PANEL FIELD NOTES 4 PER]METER EDGE ZONE M COMMON ~ 6" C.C. 8d COMMON ~ S" O.C SEE NOTES: 1,3 INTERIOR ZONE ~d COMMON ~ 6" C.C. Bd COMMON ~ 12" O.C Id COMMON ~ 4' O,C. 8d COMMON ~ 4" O.C SEE NOTES: 1,3 SEE NOTES: 1 ( BOTH FIELDS NOTE: 2 FOR PANEL FIELD NOTES THESE NOTES ARE ONLY TO BE REFERRE~ TO IF MENTIONED IN SCHEDULE NOTES ONLY, WALL SHEATHING REQUIREMENTS FOR WIND LOADS: SHEATHING LOCATIOR NAIL SPACING NAil SPACING AT INTERMEDIATE 8d COMMON ~ 6" C.C. NOTES AT PANEL EDGES SUPPORTS IN THE PANEL FIELD 8d DOMMON ~ 12" O,C, SEE NOTE: 3 4' EDGE ZONE 8d COMMON @ 6" O.C 8d COMMON@ 2"0 C. SEE NOTES' I, 3 ( BOTH FIELDS}NoTE. 2 FOR pANEL FIELD INTERIOR ZONE N OTE.~.~.~ THESE NO~S ARE ONLY TO BE REFERRED TO IF MENTIONED IN SCHEDULE NOTES ONLY. NOTE: CONTRACTOR TO PROVIDE SOIL TEST TO VERIFY EXISTING CONDITIONS. MINIMUM 3000~ CAPACITY. M F, H www.mchdesionservices.~gr~ phone: (631) 298-2250 michael@ mchdesignservices.ce DRAWN BY: HH 3uly 27, 2008 SCALE: l/Z}'' = 1'-0" SHEET NO: