HomeMy WebLinkAbout6426lo 1
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/Fkst Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS R~C~¥~D
TOWN OF SOUTHOLD ~ ~ ,3
Tel. (631) 765-1809 · Fax (631) 765-9064 ; 2010
FINDINGS, DELIBERATIONS AND DETERMINA Q .. ~ . _ -
MEETING OF DECEMBER 14, 2010 outhold Town Clerk
ZBA FILENo.: 6426
NAME OF APPLICANT: Mark and Sharon Melnick SCTM#1000-70-6-15
PROPERTY LOCATION: 405 Private Rd. #3 and ROW, (adj. to Jockey Creek) Southold, NY
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 dated October 4, 2010 stating that this application is considered a matter for
local determination as there appears to be no significant county-wide or inter-community impact.
LWRP: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town
of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP
Coordinator issued his reply dated October 13, 2010. Based upon the information provided on the LWRP
Consistency Assessment Form submitted to this department, as well as the records available to us, it is our
recommendation that the proposed action is EXEMPT from Coastal Consistency Review.
PROPERTY FACTS/DESCRIPTION: Subject property is 14,830 sq. ft. and is improved with a two story dwelling
with attached decks and two accessory structures. It has 211.20 along a 50 foot right of way, 79.56 feet along
Jockey Creek, 194.50 feet along the east property line and 75 feet along a 10 foot right of way, as shown on the
survey dated 6/24/10 prepared by John C. Ehlers, LS.
BASIS OF APPLICATION: Request for Variance from Article II1, Code Section 280-15, based on an application
for building permit and the Building Inspector's September 23, 2010, amended October 13, 2010 Notice of
Disapproval, concerning proposed accessory garage at 1) less than the code required front yard setback of 35 feet
both front yards, 2) less than the code required side yard setback of 20 feet, 3) square footage of more than the code
required 660 sq. ft.
RELIEF REQUESTED: The applicant is proposing to construct a 22 foot high two story accessory garage
requiring variances for two front yard setbacks of 5 feet and 21 feet where 35 feet is required by code, a side yard
setback of 3 feet where 20 feet is required by code and square footage of 728 sq. ft. where 660 sq. ft. is the
maximum square footage allowed by code.
ADDITIONAL INFORMATION: The applicant proposes to remove the two existing accessory structures on his
property and replace them with a new accessory garage and driveway.. Several letters where received by neighbors
in favor of and against the proposed accessory garage. At the public hearing on December 2, 2010, the applicant
Page 2 - December 14, 2010
ZBA File#6426 - Melnick
CTM: 1000-70-6-15
was asked to bring the plan into more conformity with the code. In a discussion with the Board about alternative
relief, the applicant was asked to consider increasing the existing 10 foot wide easement (right of way) along the
southerly end of his property, which provides the only means of vehicular access to the adjoining property and
residence to the east, to 15 feet of open unobstructed area to improve access by large trucks and emergency
equipment. The Board asked the applicant to submit more conforming plans and a survey showing a maximum
height of 18 feet, maximum square footage of 660 sq. ft., a 7 foot side yard setback from the easterly property line
and a 25 foot front yard setback from the southerly property line..
FiNDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on December 2, 2010, at which
time written and oral evidence were presented. Based upon all testimony, documentation, personal
inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
Town Law §267-b(3}(b){l). Grant of the variance of will produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The proposed size and height of the accessory garage is out of
character for this established neighborhood, where small accessory structures are the norm and the homes are in
very close proximity to each other. Furthermore, the proposed location will make access to the adjoining property
to the east even more difficult given the fact that the dwelling is already obscured from view from the unimproved
road know as Private Road #3, and the only access to it is over the 10 foot wide right of way along the southern end
of the applicant's property.
Town Law §267-b(3)(b}{2). The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. The applicant's property has two front yards (both R.O.W.'s)_
and is only 50.35 feet wide when the existing 50 foot wide R.O.W. along the westerly property line is removed
from the calculation of code permitted front yard setbacks Therefore, it is not possible to locate any accessory
structure with both a conforming 35 ft. front yard setback and a conforming 20 ft. side yard setback
Town Law §267-b(3)(b)(3). The variances requested are substantial, however, the applicant has agreed to
alternative relief which creates greater conformity to the code and the character of the neighborhood by reducing
the proposed height from 22 feet to 18 feet and by eliminating the need for a size variance and increasing the
proposed 5 ft. front yard setback and the proposed 3 ft. side yard setback.
Town Law §267-b(3}{b}(4'b Evidence has been submitted to suggest that the variances, as applied for,. in this
residential community will have an adverse impact on the physical or environmental conditions in the
neighborhood. The variances as proposed would create added difficulty in terms of vehicular access and visibility
for the adjoining property to the east and would be out of scale with structures on neighboring properties. However,
the alternative relief granted herein would alleviate the substantial adverse impact the original proposal would have
caused.
Town Law §267-b(3'~(b)(5}. The difficulty has been self-created. The applicant purchased the property knowing
that there are two front yards and limited access over private rights of way..
Town Law §267-b. Grant of alternative relief, is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an accessory garage with unheated storage above while preserving and proiecting
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 Goehringer, seconded by Member Weisman
(Chairperson), and duly carried, to
DENY, the variances as applied for, and shown on the survey by John C. Ehlers dated 12-02-2010 and on the
architectural drawings by Nemschick Silverman Architects, PC dated 08/11/2010 pages CS-1 A-l,and A-2 and;
Page 3 - December 14, 2010
ZBA File#6426 - Melnick
CTM: 1000-70-6-15
GRANT ALTERNATIVE RELIEF, as £ollows:
1. Proposed garage shall be located seven (7) feet from the easterly property line.
2. The 10 foot right of way on the southern property line shall be expanded to 15 feet and the accessory
garage shall be placed 10 feet from the newly established 15 foot right of way for a total setback of 25 feet
from the applicant's southern property line, The 15 foot right of way shall remain unobstructed at all
times.
3. Any driveway on the applicant's property shall not encroach into the 15 ft. southerly R.O.W.
4. The proposed garage shall not exceed 18' in height to the ridge.
5. The proposed garage shall remain unheated with only the utility of electricity.
6. The garage shall not exceed 660 square feet.
Covenants and Restrictions shall be placed on this parcel regarding the increase in the width of the existing
southerly R.O.W. as described in condition 2 above, and be made part of this decision, and shall be filed with
the Suffolk County Clerk within fifteen (15) days of the filing of this decision with the Southold Town Clerk.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Before aoolvine for a building permit, the applicant or agent must submit to the Board of Appeals for
approval and filing, two sets of the final survey and architectural drawings conforming to the alternative
relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building
Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may
require a new application and public hearing before the Zoning Board of Appeals.
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 }Veisman (Chairperson), Goehringer, Dinizio, Schneider.
Member Homing by phone no voting rights. This Resolution was duly adopted (4 -0 ).
Approved for filing/o~//7/2010
5UR',ZE¥ OF: PROPERTY
51TUATE: 5OUTHOLD
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5UI=FOLK COUNT'F,
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PROPOSEP AC, TIONS,
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REVISEP 12-Oq-2OIO, 12-1~-2010
.E~FFOLK COUNTY TAX
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CertLfied To:
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LOT COVERA®E
EXISTIN~ HOUSE 1~50 ~.F. OR I1.1~ %
PROPO~,E ~AR/k~E 660 5.F. OR 4.4D~
P~SULTANT LOT ~OVERA~E 2~10 S.F. OR-. 15.5~6
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BOARD OF APP~M.S
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REVIEWED BY ZBAJ
SEE DECISION
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287
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70
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM OCT 1
BOARD OF APPEALS
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: MarkTerry, Principal Planner ~'~
LWRP Coordinator
Date October 13, 2010
Re:
Coastal Consistency Review for ZBA File Ref. MARK and SHARON MELNICK #6426
SCTM# 1000-70-6-15
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 determination that the proposed second
story addition is EXEMPT from LWRP review pursuant to:
§ 268-3. Definitions. MINOR ACTIONS item "FI" which states:
F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated
natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA;
The action it located greater than 100' from a regulated natural feature (tidal wetland).
Cc: Jennifer Andaloro, Assistant Town Attorney
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
Town of Southold ZBA
PO Box 1179
Southold, NY 11971
Att: Leslie K. Weisman, Chair
Dear Ms. Weisman:
September 30, 2010
RECEIVED
OCT 4 ZOIO
BOARD OF APPEALS
Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following applications submitted to the Suffolk County Planning Commission are to be a
matter for local determination as there appears to be no significant county-wide or inter-community
impacts. A decision of local determination should not be construed as either an approval or
disapproval.
Applicants
Municipal File Numbers
Lyons, Elizabeth
Adams, William
Perillo, Thomas & Edith
~elnick, Mark & S_~.h.h.h.h.h.h.h.h~mn ~
Tintle, Carrie (c/o Anthony Golfo)
#6423
#6424
#6425
#6428
TRK:ds
Very truly yours,
Thomas A. Isles
Director of Planning
Theodore R. Klein
Senior Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (831) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: September 23, 2010
Amended: Oct. 13, 2010
TO:
Michael J. Sirico
For: Mark & Sharon Melnick
275 Baldwin Place
Cutchogue, NY 11935
Please take notice that your application dated September 9, 2010:
For permit for proposed accessory garage at:
Location of property: 405 Private Rd. #3 Southold, NY
County Tax Map No. 1000 - Section 70 Block 6 Lot 1~5
Is returned herewith and disapproved on the following grounds:
The location of the proposed accessory garage is not permitted pursuant to Article IIi, Section
280-15, accessory buildings and structures; "on waterfront lots accessory buildings may be
located in the front yard, provided that such buildings meet the front yard principal setback".
Furthermore, on lots measuring 10,000-19,000 sq. ft., the side and rear yard setbacks shall be 20
feet for accessory structures 22 feet in height.
Survey shows the proposed accessory garage at 5' +/- and 21' +/- front yard set back where 35' is
required, the side yard is proposed at 3 feet where 20 feet is required.
Also, the proposed accessory garage is not permitted pursuant to 280-15 C which states, such
buildings shall not exceed 660 sq. ft. on lots containing up to 20,000 sq. ~.
The proposed accessory garage measures 728 sq. ft.
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A
*Amended to include square tbotage of proposed accessory.
FORM NO. 3
NOTICE OF DISAPPROVAL
TO:
Michael J. Sirico
For: Mark & Sharon Melnick
275 Baldwin Place
Cutchogue, NY 11935
RECEIVED
BOARD OF APPEALS
DATE: September 23, 2010
Please take notice that your application dated September 9, 2010:
For permit for proposed accessory garage at:
Location of property: 405 Private Rd. #3 Southold, NY
County Tax Map No. 1000 - Section 70 Block 6 Lot 15
Is returned herewith and disapproved on the following grounds:
The location of the proposed accessory garage is not permitted pursuant to Article III, Section
280-15, accessory buildings and structures; "on waterfront lots accessory buildings may be
located in the front yard, provided that such buildings meet the front yard principal setback".
Furthermore, on lots measuring 10,000-19,000 sq. ft., the side and rear yard setbacks shall be 20
feet for accessory_ structures 22 feet in height.
Survey shows the proposed accessory garage at 5' +/- and 21' +/- front yard set back where 35' is
requ. ired, the ~l~?rd is proposed at 3 feet where 20 feet is required
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A
RECEWED
Assignment No.
BOARD OF APPEALs
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
HouseNo. qO.~ Street D*~dlx-J~ ~J_ ~ ~ Hamlet
SCTM 1000 Section ~.--I Block f~ Lot(s) ~, ~" Lot Size'10'~ Iq~'Zone
I (WE) APPeAL, THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED Ocl Ic~~] I D BASED ON SURVEY/SITE PLAN DATED o ~ H / { O .
Applicant(s)/Owner(s):
Mailing Address:
Telephone: C*~~' ~'
Emaii:
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:
NameofRepresentative: ~{t~no-~ '~ ¢o~0~3 for~Owner( )Other:
Telephone: ~ [' D~-~ax: ~ ~ Email:
Please check to specify who you wish correspondence to be mailed to, from the above names:
( ) Applicant/Owner(s), ~ Authorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN ~
DATED O~!r~H/ I0 and DENIED AN APPLICATION DATED $'~{~" C~ ~0FOR:
o~Uilding Permit
ertificate of Occupancy ( ) Pre-Certificate of Occupancy
( ) Change of Use
( ) Permit for As-Built Construction
( ) Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article: ~ Section: rO._~O ~1~"- Subsection:
Type of Appeal. An Appeal is made for: 00 A Variance to the Zoning Code or Zoning Map.
C~ A Variance due to lack of access required by New York Town Law- Section 280-A.
( ) Interpretation of the Town Code, Article Section
( ) Reversal or Other
A prior appeal 0~has, ( ) has not been made at any time with respect to this property,
UNDER Appeal No(s). ~o5"0 Year(s). 0.00'-7 . (Please besttre to
research before completing thi~l~p-~or call our office for ~. ~
REASONS FOR APPEAL (additional sheets ma), be used with preparer's signature):
AREA VARIANCE REASONS: BOARD OF APPEALS
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
(2) The benefit sought by the applicadt C~NOT be achieved by some method feasible for ~e
appficant to pursue, other than an area variance, because:
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because: ~'-- ~ (o~C~_w~
(5) Has the alleged difficulty been self-created? ( )Yes, or $,~No.
Are there Covenants and Restrictions concerning this land: ~ No. [] Yes O~lease furnish coov).
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE lS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure~ns~t your attoiehey.) ·
Signature of Apl~ll~nt or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this
day of ,20__
Notary Public
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: ~a.~,k ~.~ vi ~' C~ Date Prepared:
I. For Demolition of Existing Building Areas
Please describe areas being removed:
RECEIVED
-"T SJFAPPEAL$
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: *o ~o,,on ~ t- ~o ~ ~. {,~- $, ~,
Dimensions of new second floor: }, ~, x. ~. ~6
Dimensions of floor above second level: ~x o ~ ~
Height (from finished ground to top of ridge): ~ ~ * ~"
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured fi.om natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: ~---.~o. ~'c. ~*....
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: I ~?
Proposed increase of building coverage:
Square footage of your lot: t q, ~I
Percentage of coverage of your lot by building area: ~ ~,. o~
V. Purpose of New Construction:
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
Is the subject premises listed on the real estate market for sale?
Yes ,~ No
Are there any proposals to change or alter land contours?
~ No Yes, please explain on attached sheet.
RECEIVED
BOARD OF APPEALs
Go
1,) Are there areas that contain sand or wetland grasses?
2.) Are those areas shown on the survey submitted with this application?
3.) Is the property bulk headed between the wetlands area and the upland building
area? N ,a ~
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? ~ e ~ Please confirm status
of your inquiry or application with the Trustees: ~ ~- -~Ma~
and if issued, please attach copies of permit with conditions and approved survey.
Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? ~ 0
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? l,I ~ Please show area of the
structures on a diagram if any exist. Or state none on the above line.
Do you have any construction taking place at this time concerning your
premises?~If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe:
Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
Do you or any co-owner also own other land adjoining or close to this parcel?
If yes, please label the proximity of your lands on your survey.
Please list present use or operations conducted at this parcel 9¢c~,e,~
and the proposed use
· (ex: existing single family, proposed: same with
garage, pool or other)
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
Examined ,
Approved
Disapproved a/c
PERMIT NO.
8EP 9 2010
L mWlV OF SOU/HOLD
~ ........ ~,~.,~m~J PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey.
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment Form__
Contact:
Mail to:
Expiration ~ 20
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date ~u,~ ,20 ~ t>
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in ~hole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six monttis. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations,' for the construction of buildings, additions, or alterations or for rernov~l or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and i'egulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Signature of applieent or name, ifa corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises ~ o.* IN ~ e~ ~ [ e~
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No~
Electricians License No.
Other Trade's License No.
1. Location~fland on which proposed work will be done:
House Number Street
County Tax Map No. 1000 Section
Subdivision
Hamlet
Block G
Lot
Filed Map No. Lot
2. State existing use and occupancy of Premises and intended use and °ccupancy °f pr°p°sed c°nstmcti°n:
a. Existing use and occupancy
b. Intended use and occupancy ~---~-~'*',~q-- ~ ~-~'~
3. Nature of work (check which applicable): New Building ~_~.~ .... ~li~. 'h~o, ni Alteration
Repair Removal Demo~i'
.... i' q~ ~ v !~ ?..~-'~-1~ ~ (Description)
Estimated Cost ~~ ~Fee
4. . ~ ~ ['~' e q~o~g~onfiling~sapplicafion)
5.If dwelling, nmber of dwelling ~its~ ~ ~ber of dwelling ~ on ~ch floor_
If garage number of cars
6. If bus.ess, co~erci~ or mixed occup~cy, spe ~ extent of each t~e of. use.
7. Dimensions of existing structures, if any: Front Rear
Height Number of Stories ~,
Dimensions of same structure with alterations or additions: Front
Depth Height
8. Dimensions of entire new' construction: Front '~, ~ Rear
Height 'i~' ~'~ Number of Stories ~.
9. Size of lot: Front -'l ~ ~
Rear -~ e~ . ~ ~
Depth
10. Date of Purchase
Name of Former Owner
Number of Stories
Depth
Rear
.Depth
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
Name of Architect
Name of Contractor
Address Phone No.
Address Phone No
Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES 'X' NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES "~ NO__
* 1F YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES__
· IF YES, PROVIDE A COPY.
NO
STATE OF NEW YORK)
SS:
COUNTY OF )
.~'~ f_,~/~0~'~-~ ~ ~C,r CO being duly sworn, deposes and says(,~l~C~e applicant
(Name of individual signing Contract) above named, Nofa~ Public, Stat~ of New Yor~
No. 018116185050
(S)He is the
qommls$ion Expires April 14,
(Cont~ctor, A~ent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn t9 before me this t
D')D~ day of ~ ~ ~k 20 I (3
Notaxy Public
Signatu~'of Applicant
PROJECT ID NUMBER 617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
PART t - PROJECT INFORMATION ( To be completed by Applicanl or Project Sponsor)
2. PROJECT NAME
4. PRECISE LOCATION: Street A~des~ a~d Road InterseclJerls. Prominent 1~3dmarks em -or provide mad
1. APPLICANT I SPONSOR
3.PROJECT LOCATION:
5. IS PROPOSED ACTION: [] New
6. DESCRIBE PROJECT BRIEFLY:
SEQR
BOARD OF APPEALS
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR DTHER RESTRICTIONS?
[] Yes [] No [f no. desc~ide bflefty;
Igi_~IVHAT IS PRESENT ~ USE iN VICINITY OF PROJECT? (Chooseasmanyasapply.)
lO. ODES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
]Yes ~-'~No If yes, ~tst agency name and perrr~ I app,'oval
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMI3' OR APPROVAL?
]Yes r~NO I! yes, list agenCy name and permit / approval:
iI AS A OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action Is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
BOARD OF APPEALS
PART II - IMPACT ASSESSMENT (To be completed by Lead AgencyI
A. DOES ACTION EXCEED AN~ TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes. coordinato the review process and use ha FULL EAF.
F'"~ Yes ElNa
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROWDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? If NO. a negative ' '
de~Jaratien may be supers~nded by another Im~olved agency.
C. cOULD ACTION RESULT IN ANY ADVERSE EFFECTS AS~OCIA'rE~ W~rH THE FO[LOWING: (AZlswers may be hsndwfiften,
Cl. Ex?~g~ ..air quel .i~, sur~aca or gm~n~,eter qce~ or quality, ndae levels, ~,ifiimg kaffic pattern, colkt waste pro~icolion or disposal,
pom~.x em.m, d~a~r~ o~n~d~g p~me? r~pifik~
· ~ ...... ~ricUl~L~L ar~oglcM, histofl~, ~r ctber m~ml ~ci~,tu~l resources; or asm~ or ne~x~nood chamclsr? Expleln briefly:
C3. ?,,~.~, or f~une, r~h, o,~,,,m, ~x ~ife spe~l~e, e~gnffient h~blie~, ~x threatened ~ endangered species? Explain briefly
C5. Growth. subeaquept development, or mifited activities likely to be ti~ad by ~bo phposed' a~?'Expleln briefly:
C7. Otherl,.~=~L~(Includin char~;'ih~seofe~therquant~/'~;'~'~3~'~e' an ell
r-~ Yes
PART III - DETERMINATION OF 8IGNIFICANCE [To be ~ornpleted by Agency)
INSTRUCTIONS: Fta~eaci~advamee~ectidenit~edab~va~determinewbethoriti~s~b~an~a~arpa~im~:x~rtantor~the~w~se~ignifican~ Each
effect should be assessed in connection with lis (a) setting (La. urban or rural); (b) pA~b~btllty of occurring; (c) dumlion; (d) in'eversibility: (e)
geographic scope; ami (f) magnitude. If necaasary, add altachmenta Or reference auplx~'ting materiels. Eneure that explenadone contain
sufficient de~aiHo show that all relevant ao'varse Impacts hava been identiited a r~l adequately addressad. If q~esllon d of part ii was chec~ked
yes, the deterrni~aitofl of significance n',t~t evaluate the potential impact ofthe proposed action onthe environmental characte~stica of the CE/L
Check this box if you have identified one or mom potondally large or sig~ltcant adverse imps cts which MAY o~c~r. Then procea d dire ctly to bhe FULL
EAF end/or pmpaee e positive decleraUon.
Check this box ~f¥ou have determined, based on the information and analysis above and any suppoding documentation, Ihal the p~opeaed actio
WILL NOT result in any signi~cant adverse envimnmanta~ impacts AN~ provide, on attadm~enls aa neceSsltry, the masons supf~ thi~
delermlnetion.
Name of Lead Agency Date
Print or Type Name of Responsible Officer In Lead Agency
Title of Responsible Officer
Signature of Re sponsible Officer in Lead Agency Signature of Preparer (if different from msponsibls off~
7
Sep 22 2010 2:lSPN Nark Ho
Helnick DDS PC
(631~61-6689
RECEIVED
BOARD OF APPEALS
TRANS~"FION&~ DI$CL.OSIYl~ ~
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
BOARD OF APPEALs
The Town of Southold's Code of Etffcs m-ohib'ts eonfltcts of~nterest on thc part of town officers and emolove~s. The o~ of
this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action
nesessarv to avoid same.
YOUR NAME: ~__~12~/~-~', ~,.~ '~"',
(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's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance ~ Trustee
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(I£"Other', name the activity.)
Do you personally (or through your company~ spouse, sibling, parent, or child) have a relationship with any officer or employee
&the Town of Southold? 'Relat onship" includes by b ood, man"age, or business ~nterest. Bus ness nterest' 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
lfyou answered "YES", complete the balance &this form and date and sign where indicated.
Name &person employed by the Town o£Southold
Title or position of that person
Describe the relationship between yourself (the applicant/agent/reprasentative) and the town officer or employee. Either check
the appropriate line ^) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check alt that apply):
A) the owner &greater than 5*/o 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
Form TS 1
Submitted this~aay~fA ~¢~)sc
Signature ~..*.~L ~, ~ .'. -
Town of Southold RECEIVED
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
BOARD OF APPEALS
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# -1 0 ~, ~. ~
The Application has been submitted to (check appropriate response):
Town Board [-~ Planning Dept. [] Building Dept. [] Board of Trustees [~
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:
Nature and extent of action:
Location of action:
Site acreage:
RECEIVED
BOARD OFAPPEALs
Present land use:
Present zoning classification:
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:
(b) Mailing address:
(c) Telephone number: AreaCode (r~k - H-ii'-
(d) Application number, if any:.
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [] No [] lfyes, 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 LWRP Section III - Policies; Page 2 for evaluation
criteria.
[]Yes ~ No [] (Not Applicable- please explain)
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
~ Yes ~ J No [] (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[] Yes [] No [] (Not Applicable - please explain)
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
[] Yes [] No ~ (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
-Policies Pages 16 through 21 for evaluation criteria
Yes--"t-.J No ~ (Not Applicable - please explain)
Attach additional sheets if necessary
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 32 for evaluation criteria.
~Yes ~! No [] (Not Applicable- please e~plain)
BOARD OF APPEALS
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluatioa
criteria.
[] Yes ~ No ~) (Not Applicable- please explain)
Attach additional sheets if necessary
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 38 for evaluation criteria.
Yes [] No ~ (Not Applicable- please explain)
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 LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes~ No[] (Not Applicable - please explain)
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. {p ~o~
[] Yes [] No [] (Not Applicable- please explain) RECEIVED
-'t-CARD Or APPEALS
Attach additional sheets if necessary
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 62 for evaluation criteria.
Yes [] No [] Not Applicable - please explain
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
Yes [~ No [] Not Applicable - please explain
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
~ Yes [~ No [] Not Applicable - please explain
,o~ ?e ~_×.c-TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER
RES.
LAND '~/ ~-~ /
IMP.
J TillabJe 1
Tillable 2
Tillable, 3
Weodland
Swampland .... .,
Brushland
House Plot
Total
//o OO
VL.
TOTAL
FARM
DATE
V l LLAGE
COMM. I IND.
REMARKS
D~ SUB.
..,~,CREAGE
,.,z~ o.~c
TYPE OF BUILDING
LOT
Va'u,
CB. 1 MISC.
RECEZVED
~L$
He~ ~
Porch Rooms 1st Flor
Patio R~ms 2nd Floor
Ddveway
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
CC #: C10-46478
DEC 2 7 2010
80ARD OF AppEALS
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
D£CLARATION
recorded in myoffice on12123120i0 under Liber D000i2546 and Page 871 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 12/2312010
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEAL
The aforementioned covenants and restrictions are intended for the benefit of
and shall be enforceable by the Town of Southold, State of New York, by injunctive relief
or by any other remedy in equity or at law. The failure of the Town of Southold or any of
its agencies to enforce same shall not be deemed to affect the validity of this covenant
nor to impose any liability whatsoever upon the Town of Southo{d or any office or
employee thereof.
The within Covenants and Restrictions sha~l run with the land and shall be
binding upon the Declarant and its successors and assigns, and upon all persons or
entities claiming under them, and may not be annulled, waived, changed, modified,
terminated, revoked or amended by subsequent owners of the premises unless and until
approved by a majority plus one vote of the Zoning Board of Appeals of the Town of
Southold or its successor, following a public hearing.
IN WITNESS WHEREOF, the Declarant(s) has duly executed this D, qclar~
the day and year first"abOve written. /~//~c' / '//~"'?
STATE OF NEW YORK
GOUN~ OF SUFFOLK
On the~ay of'~, in the year 20JO, before me the undersigned, a
Nol~ry Public in ~nd for said 8tale, personally appeared ~
personally known to me or proved to me on the b~sis of s~tisl~cto~ evidence to be the
individual(s) whose n~me(s) is/~re subscribed to the within instrument 8nd
acknowledged to me lhal he/she/they executed the s~me in his/her/their cap~city, and
th~t by his/her/their sign~lure(s) on the instrument, the individual or the persons on
behalf of which the individual(s) acted, executed the instrument.
No y .ub,ic
GAlL A. GHOSIO
Notary Public, State of New York
No. 6163270
Qualified in Suffolk County
Commission Expires March 19,20 [[
~OARD OP APPC~ALs
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
N~,mBer of Pages: 5
Receipt N~mher : 10-0148446
District:
1000
Recorded:
At:
12/23/2010
04:14:17 PM
Page/Filing
COE
TP-584
Cert. Copies
LIBER: D00012646
PAGE: 871
Section: Block: Lot:
070.00 06.00 015.000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
$25.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$5.20 NO RPT $30.00 NO
Fees Paid $100.20
PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
THIS
J~DITH A. PASCALE
County Clerk, Suffolk County
Number of pages
RECEIVED
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
BOARD OF APPEALS
Deed / Mortgage Tax Stamp ]
FEES
Page / Filing Fee ~ ~" ~
Handling 20. 00
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P,T,S.A.
Comm. of Ed.
Affidavit
Certified Copy
Sub Total /
5. 00
--';' :vO
NYS Surcharge
Other
15. 00 Sub Total j>~'~. ,70
Grand Total / ~ ~
1000 07000 0600 015000
4 [ Dist.
Real Property
Tax Service
Agency
Verification
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcou ntyny, gov/clerk
7 I Title
I Co. Name
Title #
Recording / Filing Stamps
This page forms part of the attached
8
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # __ of this instrument.
5 [Community Preservation Fund
Consideration Amount $
CPF Tax Due $
The premises herein is situated in
TO In the TOWN of
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
Suffolk County Recording & Endorsement Page
~C [~ ~'~ made by:
(SPECIFY TYPE OF INSTRUMENT)
Company Information
TD
TD
Improved
Vacant Land
TD
RECEIVED
80ARD OF APPEALS
DECLARATION OF COVENANTS AND RESTRICTION-~
THIS DECLARATION made this ~3 *'~
1~,.~ ~ 5~*'~.;i.~ day of 0.~_ 2010,
hereinafter referred to as "DECLARANT(S)":
by
WITNESSETH:
WHEREAS, DECLARANT(S) is/are the owner(s) of certain real property located
at ~5" ~3o~¥'~¥~-~.~~.~J , Town of Southold, County of Suffolk, State of New
York, described in the Suffolk County Tax Map as District 1000, Section "~C, , Block
(¢ , Lot 119 which is more particularly bounded and described as set forth in Schedule
"A" annexed hereto, hereinafter referred to as the Property;
WHEREAS, the DECLARANT(S) made an application to the Zoning Board of
Appeals for Variances under Sections "~.O ~iOa'~d __ and held a public hearing
on this application on
written and oral evidence;
WHEREAS, in a decision dated
testimony, documentation, personal inspection of the
, at which time the Board received
based
upon
all
property and other
evidence, the Zoning Board of Appeals granted relief for a proposed accessory
building as indicated on the SURVEY/MAP/DRAWING TITLE by
dated t~-,) t~, j lO
WHEREAS for and in consideration of the granting of said approval, the
Zoning Board of Appeals has deemed it in the best interests of the Town of
Southold that the within Covenants and restrictions be imposed on the property,
REcE]I/ED
and said Zoning Board of Appeals has required that the within Declaration be filed in the
Suffolk County Clerk's Office: and
WHEREAS, the Declarant has considered the foregoing and has determined that
same will be for the best interests of the Delarant and subsequent owners of the property.
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the DECLARANT for the purpose of carrying out the intentions above
expressed, does hereby make known, admit, publish, covenant and agree that the said
Premises herein described shall be subject to the covenants and restrictions as
herein cited, which shall mn with the land and shall be binding upon all purchasers and
holders of said lots, their heirs, executors, legal representatives, distributes, successors
and assigns to witt::
The 10 foot right of way on the southem property line shall be expanded to 15
feet and the accessory garage shall be placed 10 feet from the newly established 15 foot
right of way for the total setback of 25 feet from the applicant's southern property line.
The 15 foot right of way shall remain unobstructed at all times.
THE FOREGOING covenants and restrictions shall nm with the land and shall
be binding on the DECLARANT(S), his/her heirs, assign, purchasers, or successors in
interest, and upon all persons or entities claiming under them, and may not be annulled,
waived, changed, modified, terminated, revoked, or amended by subsequent owners of
the premises.
If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal,
unlawful, invalid or held to be unconstitutional, the same shall not effect the validity of
these covenants as a whole, or any other part or provision hereof other than the part so
adjudged to be illegal, unlawful, invalid, or unconstitutional.
- ~,~
:, n~ /~ ~ ~ ~ Porch Attic
-r~ ~K ~ ~ j~ ~,~o Porch Rooms 1st Floor
~c '~ ~ Driveway
APPEALS BOARD MEMBERSC
James Dinizio. Jr., Chairman
Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Welsman
Mailine Address:
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 1197~-0959
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Soathold. NY I 1971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION -fouthotd Town Clerk
MEETING OF JULY 12, 2007
ZB File No. 6050 - MARK MELNICK
Property Location: 405 Private Road #3 a/k/a Pine Creek Rd, Southold CTM 70-6-15
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's 14,830 square foot lot has 211 ft.
frontage along a right-of-way on the west property line and has a depth of 75 feet. The
property is improved with new construction (which substantially replaced the recant
single-family dwelling, in kind, in placa, shown on 01-04-2005 survey prepared by John
C. Ehlers).
BASIS OF APPLICATION: Building Inspector's August 25, 2006 determination,
amended September 28, 2006, which states that the "as built alteration to dwelling
includes demolition and reconstruction of the existing foundation deviated from ZBA
decision #5977." ZBA #5955 granted applicant's prior request concarning setbacks
related to the proposed increase of ceiling height from 18' to 32' and change from the
existing height of 1.5 stories to two stories under Zoning Code Sections 280-116 and
280-124;
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the
Suffolk County Department of Planning reply dated June 11, 2007 states that the
application is considered a matter for local determination as there appears to be no
significant county-wide or inter-community impact.
TOWN CODE CHAPTER 268 LWRP (EXEMPT}: This application is exempt under
Chapter 268 because this varianca application pertains to the same yard setback of
portions of the existing dwelling involving reconstruction.
AMENDED RELIEF REQUESTED: Owner-applicant requests a reversal of the Building
Inspector's determination as stated above, or a variance amendment for a reconstruction
in piaca and in kind of an 18' x 32' portion of a single family dwelling, with a non-
Page 2- July 12, 2007 ~
ZBA Decision #6050 - M. Melnick
CTM 70-6~15
~oARD Oi: APPERLS
conforming 6 ft. front yard setback along the westerly right-of-way, and a nonconforming
rear yard setback of +1-34 feet from the existing bulkhead.
BACKGROUND: The owner-applicant obtained relief from the ZBA on December 14,
2006 (decision #5977) based on the applicant's request for additions and alterations to
an existing 1% story dwelling. The 2006 ZBA decision noted that new construction
would raise the height over a 18' x 32' portion from 18' to 32', creating a full ceiling two
story dwelling, with no changes to the existing non-conforming 6' front yard setback
along the westerly dght of way, and the existing non-conforming rear yard setback of +/-
34' from the bulkhead. The Building Department issued a building permit based on
these requests. Later, when construction commenced at the site, it was discovered that
the existing foundation had many cracks and no footings, and therefore needed
structural repairs that were unknown at the time of original application to the Building
Department or the ZBA. The applicant replaced sections of the foundation on the
seaward side of the existing dwelling and removed the first floor on the section of the
house where the full two story extension was to have been built. No amended plans
were submitted to the Building Department and no request for an amended variance was
applied for. On May 10, 2007 a Stop Work Order was issued by the Building
Department with a request for as-built plans. On May 14, 2007 amended plans were
submitted by the applicant, and on May 18, 2007 a Notice of Disapproval was issued by
the Building Department for the as-built alterations to the_single-family house on the
grounds that the demolition and reconstruction of the foundation deviated from ZBA
Decision #5977.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Granting an amended vadance will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties because the
reconstruction is in place and in kind with no reduction of the existing nonconforming
westerly and northerly setbacks, as granted by the ZBA in decision #5977.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an amended variance because the applicant went
beyond the scope of ZBA decision ~5977, which explicitly states: 'Any deviation from
the vadance given such as extensions, or demolitions which are not shown on the
applicant's diagrams or survey site maps, are not authorized under the application when
involving non-conformities under the zoning code."
3. The variance granted herein is not substantial. The reconstructed foundation and first
floor will not reduce the setbacks of the odginal dwelling approved by ZBA decision
#5977.
4. The alleged difficulty has been self-created because the applicant was required to
apply for an amended variance because the demolition and reconstruction of the
foundation deviated from ZBA decision #5977.
5. No evidence has been submitted to suggest that the proposed additions will have an
adverse impact on physical or environmental conditions in the neighborhood.
Page 3 - July 12, 2007 C
ZBA Decision f~6050 - M. Melnick
CTM 70-6-15
RECEIVED
~OARD OFAPPEALS
6. Grant of the requested variance is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a reconstruction in place and in kind of
portions of an existing dwelling, while praserving 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 Member Oliva, and duly carried to
GRANT the amended variance as applied for, as shown on the 1/6/07 plan A-0,
3/26/07 plan E-l, and 1/6/07 Plan A-5, prepared by Ire Haspel, R.A., and
setbacks confirmed on the 01/04/2005 survey map with proposed actions noted
9-29-2006 by John C. Ehlers.
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 dght to substitute a similar design that is de minimis in nature for
an alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Dinizio (Cha, j~m~n), Oliva, Goehdnger, Simon and
Weisman. This Resolution was duly aclp~ted (5-0~ ~ ~ .
~'mes Dinizio, Jrt, i:~airm~ ' 7/13/2007
Approved for Filing/
RECEIVED
JUL 1 6 20e
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
BOARD OF APPEAL'~
http://southoldtown.norrh fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 14, 2006
ZB File No. 5977 - MARK and SHARON MELNICK
Property Location: 405 Private Road #3, Southold
CTM Parcel 70-6-15
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED .
JAN 5 200/
Outhold Town Clerl
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review fails under the Type II category of the State's List of Actions,
without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's 14,830 square foot lot has 211 ft. frontage along a right-
of-way on the west property line and has a depth of 75 feet. The property is improved with a 1% story, single-
family dwelling as shown on 01-04-2005 survey prepared by John C. Ehlers.
BASIS OF APPLICATIQN: Request for Variances under Sections 280-124 and 280-116 (100-239,4B, based
on the Building Inspector's August 25, 2006 Notice of Disapproval, amended September 28, 2006 Notice of
Disapproval, and last amended November 9, 2006, concerning applicants' request for a building permit to build
an addition and alterations to the existing single-family dwelling. The reasons stated in the Notice of
Disapproval are that the new construction is not permitted because the code requires a minimum front yard
setback of 35 feet, a minimum rear yard setback of 35 feet, and minimum 75 ft. setback from the bulkhead,
and the new construction is proposed at less than these code requirements.
SUFFOLK COUNTY ADMINISTRATIVE CODF' This application has been referred as required under the
Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning
reply dated November 24, 2006 states that the application is considered a matter for local determination as
there appears to be no significant county-wide or inter-communify impact,
TOWN CODE CHAPTER 268 {95) LWRP DETERMINATION: This application has been referred for a
determination as required under Town Code Chapter 268 (formerly numbered 95), Waterfront Consistency
Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The
applicants are requesting an increase of the ceiling height of 18' by 32' of the existing dwelling, modifying the
1~ story height of the dwelling to a second-story height. This variance relief is within the nonconforming front
yard area less than 35 feet from the westerly right-of-way. (The remaining addition(s) shown on the
applicant's survey and diagrams were reviewed and noted in the November 9, 2006 Building Inspector's
Notice of Disapproval as not requiring a variance, and that only the front yard setback for the northerly second-
story addition is disapproved. Grant of the variance for alterations and raising of the roof line is a type of in-
place addition with alteration that does not affect setbacks since it is construction work does over the existing
first floor of the dwelling, and it is not possible to eliminate the existing nonconforming front yard when the
existing first floor of the dwelling will remain.
~ge 2 - December 14, 2006
ZB File No. 5977 - Mark Melnick
CTM No. 70-6-15
BOARD OF APPEALs
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, at which time
written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of
the property, and other evidence, the Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REC~UESTEI'): The applicants wish to raise the height over the existing 18' by 32'
area of the existing 1%-story dwelling for full ceiling height required for additional living floor space. This
second-story area of construction is located at 6 feet from the front yard line along the westerly right-of-way
and +/-34 feet to the existing bulkhead (setback noted by surveyor to the high water mark is 39 feet, 25 feet
plus 14 feet for the existing deck), as shown on the survey prepared 9-29-2006 by John C. Ehiers and shown
on the diagram A-l, A-2, and A-3 prepared 7-6-06 by Ira Haspel Architect, P.C.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a
detriment to nearby properties. The applicant wishes to alter their home for the purpose of increasing ceiling
height over an 18' by 32' section of the dwelling. The new construction will not reduce the existing
nonconforming front yard from the westerly right-of-way since it will remain the same that has existed.
2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to
pursue, other than an area variance, The applicants chose to utilize the existing dwelling first floor area, and it
is not possible to utilize the dwelling for the ceiling height because of the size and conformity of the property.
3. The variance granted herein is not substantial. The alterations will not reduce the setbacks of the existing
dwelling.
4. The difficulty was created when the new construction was proposed in a nonconforming building area.
5. No evidence has been submitted to suggest that a variance in this residential community will have an
adverse impact on the physical or environmental conditions in the neighborhood.
6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to
enjoy the benefit of a second-story addition, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARI'): In considering ell of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly
carried, to
GRANT the variance as applied for, as shown on the survey prepared 9-29-2006 by John C. Ehlers
and shown on the diagram A-l, A-2, and A-3 prepared 7-6-06 by Ira Haspel Architect, P.C,
Any deviation fi.om the valance given such as extensions, or demol~ons which are not shown on the applicant's diagrams
or survey site maps, am not autho~zed under this application when Involving noncenfon~itJes 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, sethacks and other features as are expressly addressed in this action,
The Board reserves the right to substitute a similar design that is de mlnimis in nature for an alteration that does not
'" ~age 3 - December ~14, 2006
ZB File No. 5977- Mark Melnick
CTM No. 70-6-15
BOARD OF APPEALS
increase the degree of nonconformity.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman.
G°ehringer' This Res°luti°n was duly ad°~ O~. ~
Ruth D. Oliva 12/29/01~'"'
Approved for Filing
Nay: Member
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
September 23, 2010
Zoning Appeal No. 6426
Transmitted herewith is Zoning Appeals No. 6426 of Michael J. Sirico for Mark & Sharon
Melnick - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the
Applicant's Project Description, Questionnaire, Short Environmental Assessment Form,
Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval
from Building Department Dated September 23, 2010, Authorization Letter fi.om Mark Melnick
to Michael J Sirico to Represent them in this Matter, 2 Pages of Property Record Card, 2 Pages
of Photos Showing Property and Staked Area Where Garage will be Located, Copy of Findings,
Deliberations & Determination File #6050 Dated July 12, 2007, Copy of Findings, Deliberations
& Determinations File #5997 Dated December 14, 2006, Copy of Survey of Property Showing
Construction, Proposed Construction & Construction to be Removed Dated June 24, 2010
Prepared by John C Elders Land Surveyor, 3 Pages of Plans for Garage Showing Foundation,
Elevation & Floor Dated August 11., 2010 Prepared by Nemschick Silverman Architects P.C.
OTown of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 09/23/10 Receipt#: 92374
Transaction(e): Reference Subtotal
I 1 Application Fees 6426 $600.00
Cash~: 1932 Total Paid: $600,00
Name:
Sirico, Michael J.
275 Baldwin PI
Cutchogue, NY 11935
Clerk ID: CAROLH Internal ID: 6426
Renato Starcic &
Carla Starcic
205 Private Road//3
Southold, NY 11971
November 22, 2010
Southold Zoning Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re: File # 6426
To Whom It May Concern:
~ in favor of the Melnick's request for variances to build an accessory garage at 405
Private Rd. #3. The garage they have proposed will not produce an undesirable change in
the character of the neighborhood. Most of the existing structures on our Road do not
meet the setback required by current building codes due to the nature of the development.
The current structures on the property adjacent to theirs are as close to the property lines
as the Melnicks are proposing.
s y,
Carla Starcic
My name is Elisabeth Prout and I would like to thank the board for allowing me to
speak. I am not a lawyer, nor am I an expert on the Southold Town Building code. I
am, however, the property owner who would be most adversely impacted by the
accessory garage that Dr. Melnick has requested three variances to build.
I own the property at 465 Pvt. Rd.//3 adjacent to the east of Dr. Melnick, and the
property adjacent to the south, 2955 Pine Neck Rd., which I purchased in 2003 while I
was caring for my elderly aunt with dementia. She could no longer navigate the
walkway to the cottage at 465. She passed away at the end of March of this year.
I am not asking Dr. Melnick for anything, but I do not want to lose anything either. The
placement of the two story accessory building in the south east corner of Dr. Melnick's
front yard makes no sense. I feel that a structure nearly 22' feet high, with a 728 sq. ft.
footprint, to be built 3' from my property line on his side yard to the east, and only 3'
from the end of my 10' right of way on his south front yard will not only devalue my
property on the east, make it nearly impossible for fuel deliveries, maintinance workers
or emergency vehicles to either find or service my home, but will also change the
character of our private community.
Dr. Melnick's proposed accessory garage grows to 1456 sq. ft. when the area of the
second floor is considered. The second story has dormers. That design element
implies potential living space. A door right next to the garage doors implies a separate
entrance to what could become a guest house, as heat an water could be added at
any time after the issuance of a c/o. Even the implication of an apartment over a
garage is not in keeping with the character of our neighborhood.
There are several small one story accessory buildings on Private Rd. ~3, all of them
less than half the footprint of the one Dr. Melnick wants to build, and, I believe, all of
them constructed long before the present Southold Town Building code was written.
The sheer size of the accessory building Dr. Melnick has proposed is uncharacteristic
to our area. Although there are larger residences on Private Rd. #3, they do not have
two story accessory buildings on their lots.
Dr. Melnick renovated the house he bought at 405 Private Rd. #3 by tearing it down
and rebuilding on the previously existing building lines 13' from his property line to the
east, 7' less than the required 20' side yard setback. It makes no sense to grant him a
variance for another structure at any less than 13' from that eastern side yard property
line.
Setting aside the fact that Dr. Melnick does not have enough property for the 35' front
yard setback on the south, even asking for a variance for a 3' setback from a 10'
access right of way makes no sense. As I understand it, the present code for vehicular
access roads is a minimum of 15'.
Dr. Melnick knew the limitations of his property when he purchased it. The very first
time I met him in 2003 he told me that he needed more space and that he wanted my
property. A few months later he wrote me asking me to come over for tea so we could
discuss his buying my property at 465 Private Rd. #3. I declined and explained that I
had summered in my home since my childhood, had lived in it full time since i was 18,
and I had no plans of selling it to anyone. Indeed, nearly every time Dr. Melnick has
spoken to me over the years, he has reminded me that when I sell my house I have to
offer it to him before anyone else, and at a good price. Each time I reply that it is not
for sale and if it was it would be offered at market value. In fact, Dr. Melnick reminded
me again in June of this year when I told him that my aunt had passed on and that I
would probably be moving back into my home. He filed his request for this accessory
garage about a month after that conversation. In the past, Dr. Melnick has also
suggested that I relinquish my deeded 10' by 50' right of way over his property, which
is the access road to 465 Private Rd. #3, and move. it onto the property to the south,
which would devalue that property, which is separately owned in part by Moonhaven
LLC. on the recommendation of the attorney who handled the sale.
People come out to Southold attracted by the natural beauty of the area, the water and
our open spaces. It would be nice to preserve the rural nature of our town by keeping
at least some of the unnecessary overdevelopment to a minimum.
Thank you for your time and your attention.
P.O. Box 1179
Southold, NY 11971
NOV ~ ~ 2010
BOARD OF APPEAI~
To whom it may concern,
I live in the house adjacent to and on the west side of Mark and Sharon Melnick. I do not object to the
Melnick's request for variances to build an accessory garage at 405 Private Rd. #3.
Respectfully,
5outhold Zoning 8oard of Appeals
53095 Main Road
P.O. 8ox 1179
Southold, NY 13.971
To whom it may concern,
NOV 9
We are the owners of the property to the east of the property adjacent to 405 Private Rd #3. We are in
favor of the Melnick's request for variances to build an accessory garage at 405 Private Rd. #3. The
garage they have proposed will not produce an undesirable change in the character of the
neighborhood. The property which is between our houses has an existing accessory structure which is
only 2 feet from our property line which is less than the setback that the Melnicks are seeking from that
property.
We request that you grant the variances requested by the Melnicks so that they can build a garage.
Respectfully,
Zomng Board of Appeals
Main Road
Southold, New York
Dear Board
November 17, 2010,1
aECEZVED
NOV ~ ,~ 2010
BOARD OF
I've lived in Southold for over 30 years and have witnessed a lot of
changes, some for the better and some, more recently, for the
worse. What I've witnessed in recent years are houses (being built
or extended ) that are too large for the property they occupy.
On private road #3 in Southold, by Jockey Creek, we have a
neighbor requesting a variance to build a two story/two car garage
which is almost as large as another house. The property is too
small for this structure. It contains dormers which potentially could
be used as an apartment. The board is considering a request for a
variance regarding this structure at this time. Nobody objects to a
garage, but why so big? It really doesn't fit with the character of
the neighborhood nor the Southold community. And again, it's too
big for the property and will infringe upon adjourning properties.
Please review this matter thoroughly to best satisfy all parties
involved.
Thank You
A Concerned Neighbor
RECEiVED~t;~ Cf2~
BO~ OF APPEALS
-
sk~t~ no1 e~ceed GGO ~. Pe~4 on tots
Zoning Board of Appeals
Town of Southold
PO Box 1179
Southold NY 11971
RECEIVED
C~CT ~ O~OlO
BOARD OF APPEALS
19 October 2010
Dear Board: (RE: Request of Varience for Mark and Sharon Melnick #6426)
The Melniek family are an enjoyable and welcome addition to this small, dirt road,
neighborhood. However, we must oppose the magnitude of this application to be footed on such a small
property which is in such close proximity to surrounding property owners. The quality of life for
abutting property owners would not be enhanced in a neighborhood already impacted by
overdevelopment. We request that this application be denied and that a future application conform to
the present town code.
Sincerely,
Carol Simons
Charles Hardy
120 Private Rd #3
Southold, NY 11971
To Southold Town Zoning Board Members,
'RECEIVED
~OARD OF ~PPEALS
I am opposed to the variance requested by Mark and Sharon Melnick for a two story garage at 405
Private Rd. number 3. My objections are to the size of the building and their request for 3' setbacks
on the east, the "side yard," and the south, one of the 'Iront yards."
I own the property to the south, 2955 Pine Neck Rd., and inherited the property to the east, 465
Private Road number 3 which is the lot that would be most adversely effected by the Melnick's
request. Both properties have deeded right of ways over 405 Private Road number 3.
1. The size of this building and it's placement in the south east corner of the property will visually obstruct
the lot to the east making it virtually impossible for delivery, service, and especially emergency vehicles to
see there is another house or yard beyond it.
2.The minimal requested 3' setbacks would also make it impossible for maintenance to be done on the
garage without workers blocking the south right of way and/or standing on the property to the east.
3. Once the garage is built, and a certificate of occupancy issued, there will be an established "existing
building" line that could be a factor in future building requests.
Thank you for your time and consideration.
incgrely,
Elisabeth Prout
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
September 24, 2010
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XlV of the Suffolk County Administrative Code:
ZBA File # 6426 Owner/Applicant ' Mark & Sharon Melnick
Action Requested: Accessory garage.[S'C~r~t~$
Within 500 feet of:
( ) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
( ) Boundary of Agricultural District
( ) Boundary of any Village or Town
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Leslie K. Weisman
By: (_//~'~
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
September 24, 2010
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. # 6426 Mark & Sharon Melnick 1000-70.-6-15
Dear Mark:
We have received an application for proposed construction of an accessory garage. A
copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning
Code), and survey map, project description form, are attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Encls. ~ s0 ,'. 0id
· Very truly yours,
Leslie ~ ~
Chair~.
By: v
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: htlp://southtown.northfork.net
November 1,2009
Re: Town Code Chapter 55 - Public Notices for Thursday, December 2, 2010 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before November 16th:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan {filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al_l owners of property (tax map with properly numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another address for a neighbor, you may want to send the
notice to that address as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailing address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arrangements were made in either a written
statement, or during the hearing, providing the returned letter to us as soon as possible;
AND not later than November 22 nd: Please either mail or deliver to our office your Affidavit
of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to
our office with the green/white receipts postmarked by the Post Office. When the green
signature cards are returned to you later by the Post Office, please mail or deliver them to us
before the scheduled hearing. If any envelope is returned "undeliverable", please advise
this office as soon as possible, If any signature card is not returned, please advise the
Board during the hearing and provide the card (when available). These will be kept in the
permanent record as proof of all Notices.
2) Not Later November 24th: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver or mail your Affidavit of Postinl:l for receipt by our office before November 30, 2010.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehfinger
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTI-IOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, DECEMBER 2, 2010
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,
P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ DECEMBER 27 2010:
2:00 PM - MARK and SHARON MELNICK #6426 - (adj. from 10/21110PH) Request for
Variance from Article III, Code Section 280-15, based on an application for building
permit and the Building Inspector's September 23, 20t0, amended October t3, 2010
Notice of Disapproval, concerning proposed accessory garage at t) less than the code
required front yard setback of 35 feet both front yards, 2) less than the code required
side yard setback of 20 feet, 3) square footage of more than the code required 660 sq. ft.
at: 405 Private Rd. #3 and ROW, (adj. to Jockey Creek), Southold, NY. SCTM#1000-70-6-
15.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (631) 765-1809, or by emaih
Vic ki.Tot h~,,Town. South old.ny, us.
Dated: October 29, 2010
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box tt79
Southold, NY 11971-0959
ZONING BOARD OF APPEALS
TOWN OF 8OUTHOLD:NEW YORK
In the Ma['ter of the ApplicatJon'of
(Name of Applicants)
CTM Parcel #1000- '70
AFFIDAVIT
OF
MAILINGS
couNq-Y OF SUFFOLK)
STATE OFNEW YORK)
.residing 'at
, New York, being duly swom, 'depose and say that:
~ On the day of. ,200, I personally mailed at the
Unite(~'.Sta[~s Post Office in r--,~.J~r~,~v.-e.~ . . ,. New York, by CERTIFIED
MAIL,, RETURN'RECE PT' REQUESTED. a true cepy..of the'attaChed Legal'
Notice in prepaid., envelopes, addressed to current owners shown on the current
asseSsment.mil verified fr~m the offi~.ial records on file with the (.X) Assessors, 'or
( ) .County Real Property Office' ' ' ., for ev.ery
.property which abuts and is 'across a public or private street, or vehicular right.of-.
way of record, surrounding the applicant's property.
~.nwom to b;efore rqe this '~e I 0
· dayof~'ov'~'~l~4 ; 200
(NotarY Public)
CONNIE D. BUNCH
Notary Public, State el' New York
No. 01BU~'185050
Commission .E~plreeAixII 14,2(.~J.~
. PLEASE list, on th~. back of this Affidavit or on.a. sheet Of paPer, the I(~[ numbers
next to the owner names and addresses for 'which notices were mailed. Thank
yOU: :
$2.30 H~
$0.00
$~.~ 11/15/2010
Po~g~ $0,~
Ce~fied Fee $2.80
$2.~
~.~
$ $5.~ 11/15/20t0
Cer/ified Fee $2.80 i 0;~
Return Posimark
(Endorsement F
TO~I P~tage & F~
Return Receip Fee
Endorsement Required)
Restricted De~ive~ F~
(Endomement Requi~)
90 ---0, -/-/
Pro~+
F e cic P-~O
-Ye cu~
~Ok
tLq~/
· Complete Items 1, 2, and 3. Also complete
rmm 4 ff RestS•ted Delbe~y b desired.
· pflnt your name and address on the reverse
so that we can retum the can:l to you.
· Attach tills card to the back of the mailplece,
or on the front If space permits.
1. ArtlcleAddressed to:
~ s~re
X
B, Re~alved by (Pr/hied Name) C, Date of Dallve~
IfYE8,~~ [] No
[] Insured Mall
2. Adlcle
~.~-..~ 7010 1670 0002 1166 5993
PS ~ 3811, Febm~ 2~ ~ ~ ~
· Complete Items 1,2, and 3. Also complete
· print your name and address on the reveres
· Attach this oard to the baok of the mallpleco,
1. ,a~flcle Addressed to:
nNo
n C,O.D.
2. A~le Number 7010
PS Form 3811, r-et~a,y 2~b04
1670 0002 1168 5979
Domestic Return Reoelpt
· Complete Items 1, 2, and 3. Also complete
item 4 If ~ Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the bsok of the mailplece,
or on the front if space permits.
1. Article Addressed to:
'BqO l°r a
0 ~eent
[] No
r9 Ir~uted Mall [] C.O.D.
4. Real~ Deliver? ~~x~'a Fee) •Yee
~=~?=~m ~?. 7010
~~ry 200~
1670 0002 t16&
Dornee~c Return Receipt
5962
ZONING, BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the A lication
pp of
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- -Io ' ~ ' t 5
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF SIGN
POSTING
I, .¢~(c l^~. ~.1 ,l ,~, r,~ c_x~ residing at ~,yl ~' ~c~a. ~4 _Q__~_-
~, iqew York, being duly sworn, depose and say that:
On the ~l'-t~x day of {'x] ooea,~}~¢' ,_~q,,l~ I personally placed the T '
- o~m s offimal
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) -
facing the street or facing each street or right-of-way entrance;* and that
/
I hereby confirm that the Poster has remained in place for seven days prior to that date o£
the subject heating date, which hearing date was shovm to be ~ ~x ~,0
Sworn to before..me fl~is
c~q day of (,~f? ,20~f__)
(Notary Public)
(Si~re)
VICKI TOTH
Notary Public.State of New York
No. 01T06190696
*near the entrance or driveway entrance 0fmy_ps~erty. asAhe4trea4no~t44sibteqosasser~by.
10015
NOV 2 3 Z010
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
~OARDOFAppEAle
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
18th dayof November, 2010.
Principal Clerk
Sworn to before me thi
~)'Y dayof /~/~,
/ -
2010.
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY DECEMBER 2, 2010
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, par-
suant to Section 267 of the Town Law and
Town Code Chapter 280 (Zoning),Town
~f Sonthold, the following public hear-
rags will be held by the SOUTHOLD
TOWN ZONING BOARD OF AP-
PEALS at the Town Ha0, 53095 Main
Road, EO. Box 1179, Southold, New
York 11971-6'959, on THURSDAy
9'.30 AM - MICHAEL $. and KATH-
LEEN M. HANNAFIN ¢~127 - Request
for Varinnee from Code Sections 280-
124, based on an application for building
permit and the Building Inspector's Sep-
tember ~0, 2010 Notice of Disapproval,
concerning proposed additions and aL
?rations to existing single-family dwed-
rog, at 1) less than the code required
front yard setback of 35 feet, 2) less than
the code required rear yard setback of
35 feet. Location; 280 Munn Lane Off-
ent, NY SCTMgl000-17-4-2.
9'.50 AM - HENRY L. ~ERGUSO~
~; Requests for
variance from Code Seation 280-14,
based on an application for building
permit and the Building Inspector's
September 20, 2010 Notice of Disap-
proval concerning a lot line change: two
non-conforming lots at less than the
code required 120,000 ~1- fr- in a RI20
zone. Location: Clay Point Rd. (adi.
to West Harbor), l~shers Island. NY.
SCTMg's:I000-7-1-6.1~ 7 & plo 10.
10:10 AM. CHESTER and WENDY_
~ - Applicant
questz a Special Exception under Article
!II, Section 280-13B(13). The Applicant
~s the owner requesting authorization
to establish an Accessory Apartmen~
in an accessory structure. Location:
1905 Sti0water Ave., Cutchogue, NY.
SCTM#1000-103-8-1.
10:.30 AM - ANDREW GREENE
~642~ Applicant requests a Special
Exceptton under Article Iii, Section
280-13B(13). ]'ne Applicant is the owne:
requesting authorization to establish an
Accessory Apartment in an accessory
structure. Location: 30653 Route
(adj. to Long Island Sound) Peconic, NY.
SCTM#1000-73-4-5.
10:$0 AM - ANNE MARINO AN_D
BERNARD TELSEY #~1~2 _ Request
Ior Variance from Article III, Code Sec-
tion 280-15, based on an application
building permit and the Building In-
spector's September 20, 2010 Notice of
DisapprovaI, concerning proposed ac-
cessory in-ground swimming pool at: 1)
location other than the code required
rear ya?d. Location: 465 Old Harbor Rd.
(ROW), New Suffolk. NY. SCTM#1000-
117-3-11.5.
ll:g0 AM. DONALD B. and SANIS
G. ROSE f~o430 - Requests for variances
from Code Section 280-124, based on an
application for building permit and the
Building Inspector's September 10, 2010
Notice of Disapproval concerning re-
construction of a single family dwelling:
(1) less than the code required combined
side yard setback of 25 feet (2) less than
the code required rear yard setback of
35 feet. Location; 145 King Street Ori-
ent, NY. SCTM#100~-26-1-23.
Carryover Hearings, continued from
prior meetings and pending additional
information:
Adjommed from Public Hearing Sep-
tember 23, 2010:
It00 PM - LOUIS and ELIZABETH
MASTRO # 6417- Request for Variance
from Code Sections 280-116(B) and 280-
124, based on an application for build-
ing permit and the Building Inspector's
June 14, 2010, amended September 8.
2010. Notice of Disapproval concerning
proposed demolition and reconstruc-
NOTARY PUBLIC-SlATE OF NEW YORK
NO. 01,VO6105050
Quallflaa In SUIfOIR County
lion of a new single family dwelling at;
1) less than the code required bulkhead
setback of 75 feet, 2) less than the code
required minimum side yard setback of
10 feet, 3) less than the code required
total combined side yards of 25 feet, 4)
less than the code required rear yard set-
back of 35 feet. Location: 1595 Bayview
Ave., (adj. to Axshamomque Harbor)
Southold, NY. SCTM#1000-52-5-9.
Re-opened from Public Hearing Oc-
tober 2I, 2010
1'30 PM - REGINA'S GARDEN
LLC ~63~ - Request for Variance from
Code Sections 280-13 and 280-14, based
on an application for building permit to
operate a farm office in a non conform-
[ lng building and the Building Inspec-
tor's March 10, 2010, Notice of Disap-
proval stating that the proposed use on
tills parcel in the AC zone is not per~
m~tted and excee&s the code permitted
number of uses per the Bulk schedule.
Location: 1150 Sound Ave., Mattituck.
SCTMgl000-120-3-5.
Adjourned from Public Hearing Oc-
tober 21, ~010:
2.'00 PM - ~ mad SHARON
MELNICK 1~426 - Request for Vari-
ance fi`om Article III, Code Section 280-
15, based on an application for building
permit and the Building Inspector's Sap
tember 23, 2010, amended October 13,
2010 Notice of Disapproval, concerning
proposed accessory garage at 1) less than
the code required front yard setback of
35 feet both front yards, 2) less than the
code required side yard setback ot ~J
feet, 3) square footage of more than the
code required 660 sq. ft. Loca on 405
P~rlv~te Rd. #3 and ROW, (adj. to Jockey
~.'i~k), SouthoId. NY. SCTM#1000 76-
~'30 PM - THOMAS V. F~,Rn.S.O,
d~,~ ~642~ - Request for Variance fror~
ArticIe III, Code Section 280-15, based
on an application for building permit and
the Building Inspector's September
2010, ameoded October 20, 2010 Notice
of Disapproval, concemthg proposed ac-
cessory garage at: 1) less than the code
required side yard setback of 10 feet 2)
~eation other than the code required
rear yard. Location: 1410 Great Peconic
Bay Blvd., Laurel, NY. SC~I'M#1000-145-
2-17.2.
The Board of Appeals will hear all
persons or their representatives, desir-
ing to be heard at each hearing, and/or
desiring to submit written statements
before the conclusion of each hearing.
Each hearing will not start earlier than
designated above. Files are available for
review during regular business hours
and prior to the day of the hearing. If
you have questions, please contact our
office at (631) 765-1809, or by email:
Vicki. Toth ~0Town.Southo Id.nv. us.
Dated: November I, 2010
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIR-
PERSON
BY: Vicki Toth
54375 Main Road (Oflke Lo~llon)
53095 Main Road (MailingFUSPS)
P.O. Box 1179
Southold, NY 11971-0959
10.015-1T
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME'.
SCTM #:
MELNICK, MARK
1000-70-6-15
# 6426
VARIANCE: SETBACKS
REQUEST:
ACCESSORY GARAGE
DATE: THURS, DEC. 2, 2010 2 PM
If you are interested in this project, you may review the file(s) prior to the
hearing dUring normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, OCTOBER 21, 2010
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,
P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ OCTOBER 2t~ 2010:
11:40 AM - MARK and SHARON MELNICK #6426 - Request for Variance from Article III,
Code Section 280-15, based on an application for building permit and the Building
Inspector's September 23, 20t0 Notice of Disapproval, proposed accessory garage at 1)
less than the code required front yard setback of 35 feet both front yards, 2) less than the
code required side yard setback of 20 feet at: 405 Private Rd. #3 and ROW, (adj. to
Jockey Creek), Southold, NY. SCTM#t000-70-6-t5.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (631) 766-1809, or by email:
Vic ki.Tot h(~,Town. Southold.n¥.us.
Dated: September 30, 2010
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
SCTM #:
MELNICK, MARK
1000-70-6-15
# 6426
VARIANCE: SETBACKS
REQUEST: ACCESSORY GARAGE
DATE: THURS, OCT. 21, 2010 11:40AM
If you are interested in this project, you may review the file(s) prior to the
hearing during normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
September 30, 2009
Re: Town Code Chapter 55 - Public Notices for Thursday, October 21, 2010 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before October 8th:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another address for a neighbor, you may want to send the
notice to that address as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arrangements were made in either a written
statement, or during the hearing, prov d ng the returned letter to us as soon as possible;
AND not later than October 15th: Please either mail or deliver to our office your Affidavit of
Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to
our office with the green/white receipts postmarked by the Post Office. When the green
signature cards are returned to you later by the Post Office, please mail or deliver them to us
before the scheduled hearing. If any envelope is returned "undeliverable", please advise
this office as soon as possible. If any signature card is not returned, please advise the
Board during the hearing and provide the card (when available). These will be kept in the
permanent record as proof of all Notices.
2) Not Later October 16st: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver or mail your Affidavit of Posting for receipt by our office before October 20, 2009.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
9952
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
7th day of October, 2010.
Principal Clerk
Sworn to before me this
LEGAL NOTICE
SOUTHOLD TOWN
ZON/NG BOARD OF APPEALS
THURSDAY OCTOBER 21, 2010
PUBLIC HEARINGS
NOTICE IS HEREBy GIVEN, pursu-
ant to Section 267 of the Town Law and
Town Code Chapter 280 (Zon rig), Town
of Southold the following public bearings
wi0 be held by the SOUTHOLD TOWN
ZONING BOARD OF APPEALS at the
Town Hall, 53095 Main Road, Ea. Box
1179, Southold, New York 11971-0959, on
THURSDAY OCTOBER 21, 2010:
under Arbele III, Section 28C~13B~3),.
The Applicant is he owner requesting
authorizatlon to establish an Accessory
Apartment in an accessory structure,
cated at: 310 Huntington Blvd., Pecoaic,
NY. SCTM#1000-67-4_8,
met~t - equest for Variances from Article
III Code Section 280-14 (Bulk Schedule)
bm~eadn~nt~en ap.~09~tion for bU ding per
Budding [napec or's July 29
2010, Notice of Disapproval concerning
proposed two ot subd vision Parce] - 1)
1or size Jess than the code required 4
sq. ft. for two uses, 2) s de yard setback of
less than the co~/e required 30 feet, 3) lot
coverage of more than the code '
5%. parcel 2 - 1)lot size less than [~eq~cd,
?oo f,, 2) lo, width less
· oac required 270 feet a; 31900
Mare Rd., Orient NX~ SCTM#1000
7.5. Zone R200. lg-l-
quest for ~~Re-
nances from Arhcle XXIII
~ode Section ~80.124 based on an a.qp
t~on for building permi and the Bffi d'
a g .27, 2010, Notme of Dis~
tiPoPnr~aal .conceml~g proposed construc-
· smgl? faro ly dwelling at less than
the code reqmred fron yard se back of 35
feet, at: 1275 Cedar Point Dr. West (adL to
~W)_e~!2~ake) Southold, H'f~ SCITv[#i.~0(~
- Request for Variance h-~
~_.~. Sou.d) O~ient. N~
~igs Inspector's August 26, 2010 No ice odf
8680 New Suffolk Rd. (aka Fifth St.) (adj.
to Great P¢conic Bay) New Suffolk, NY.
(adj. to Deep H01e Creek) Mattituck, NY.
~ - Request for Varl-
(adj. to Jockey Creek), Sou~hold, NY.
Adjourned from Public Hearing Au-
PERSON
54375 Main Road (Office Loca ion)
53095 Main Road (Mailing/USPS)
CHRISTINA VOLiNSKI
NOTARY PUBLIC-$T?--T~ OF NEW YORK
No, 01-VO6105050
Qualified In SuffOlk County
RECEIVED
ZONING BOARD O'F APPEALS
TOWN OF SOUTHOLD:NEW YORK
In'the Matter of the Applica*J°n of
(Name' of Applicants)
CTM. Parcel#1000- 'lo G, - ~"
~X
~OARD OF APPEALs
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, residing at
, New York, being duly~swom,. *depose and say that:
( On the day o1:. ,200, t personally mailed at the
United Stat~s'Post Office in C ,,, ~.~-~%,~ ~ . . ,,. New York, by CERTIFIED
MALE, RE'I:LIRN"RECEII~T REQUESTED, a ~rue cepy .of the' attached Legal
Notice in prepaid, envelopes, addressed to current owners shown on the current
assessment:toll vedfied frPm the official r~:q. rds on file with the (~ As~egsors, 'or
(*) County Real Property Office* '/f~,.~'~. kO..(~L~.~_~: . for every
.property which abuts and is across a public or ptiva~l~e street, or Vehicular right-of-.
way of record, surrounding the applicant's prolL)erty. ,
Sworn to b;efore me this
day of ,200
'(NotarY Pub!J'O)
PLEASE list, on th~ back of this Affidavit or on.a sheet of paPer, the I(~t numbers
next to the owner names and addresses for 'which notices were mailed. Thank
you
USE I
$2.30
tO.O0
m
Return Receipt Fee
r-~ (Endorsemeot Req aired)
m
Total Postage a Fees 10/04/2010
/%¢~r'~ ~ F~ ~5 ........... I
~-~ ~ -.,~-~:~ ---~ ...... : ......................
[o,,,o,,,,,,~o~¥g,~ ...~r.~,.,c..~kc...~...~.~ ....... 1
~E""f&,'~/'P; ;~' ...............
Certified Fe~
Retum Receipt Fee
,0.oo /
USE
!$ $0.~
_. t2.80
. $2.;~
~O,OO
10/04/2010
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the.Application of
(Name ~ Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified ~9
1000- '/,o- .
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
RECEIVED
BOARD OF APPEALS
AFFIDAVIT
OF SIGN
POSTING
~'~*,%1 '~ ~it~oo residingat '~.~t~- 6ul&'~,'a
New York, being dui} sworn, d&pese--~-nd say that:
On the (1, day of ~ot:~'bo~/', ~ulr,, I personally placed the Town's official
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -
facing the street or facing each street or tight-of-way entrance;* and that
[ hereby confirm that the Poster has remained in place for seven days prior to that date of
the subject hear/ng date, which heating date was shovm to be ~
~. 8C4~ture)
Sworn to before me this
day of ,200
(Notary Public)
*near the entrance or driveway entrance of my
and 3. Also complete
Item 4 if Resbtcted Delivery is deeired.
· Print your name and address on the reverse
so that we can tatum the card to you.
· Attach ~ls card to the back of the mailplece,
or on the front if space permits.
1. ArUcle Addressed to:
o~nt
17 r'lyes
[] No
OCT 0 8 2010
3. 8evlce 1
n Ce~ffled =Mall
[] Registered [] Retum Reoelpt for Memhand~e
[] In~Jred Mell [] O.O.D.
4. RestH~ecl Deliver? (Extra Fee) OYes
PS Form 3811, February 2004 Domestic Return Recelpt 102595-02-M-1540
· Complete items 1,2, and 3. AlSo complete
r~m 4 If Reetn~ted Dellv~y Is decked.
·Prtnt your name and address on the reveme
so thet we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front ff space permits.
1. Article Addressed to:
[] Ir~urad Mall [] O.O.D.
4. Resatcted Dellv~y? (EX~a Fee) QYes
2. Article Number
PS Form 3811, February 2004
7009 1410 0002 1063 4033
Domestic Return Receipt
· Complete items 1, 2, and 3. Also complete
item 4 If Reetrlcted Delivery Is desired.
· Print your name and add~",~s on the reveme
so thet we can return the card to you.
· Attach this card to the back of the mallpiece,
or on the front If space permits.
1. Article Addressed to:
D. Is'deliv~yaddress'~3t~. fmmltem 17 DYes
If YES, enter delivei7 address below:. I-1 No
[] Insured M~II
[] Return Receipt for Memhand~se
E3 C.O.D.
4. Resfltcted Delive~r7 ~ Fee) i-1 ye~
2. A~lJcle Number
PS Form 3811, February 2004
7009 1410 0002 1063 4026
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOIJTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
December 15, 2010
Michael J. Sirico
275 Baldwin Place
Cutchogue, NY 11935
Re: ZBA # 6426, Mark and Sharon Melnick
Dear Mr. Sirico:
Transmitted for your records is a copy of the Board's December 14, 2010 Findings,
Deliberations and Determination, the original of which was filed with the Town Clerk regarding
the above application for variances.
As per the conditions of your variance, Covenants and Restrictions are required to be
filed with the Suffolk County Clerk. Enclosed is the format for the Covenants and Restrictions
per Zoning Board of Appeals policy. Such Covenants and Restrictions shall be approved by the
Town Attorneys office and filed with the Suffolk County Clerk and a recorded copy submitted to
the Zoning Board of Appeals Office prior to issuance of a building permit.
Before commencing any construction activities, a building permit is necessary. Please be
sure to submit an application along with a copy of this determination to the Building Department.
If you have any questions, please call the office.
Sincere~x
Vicki Toth
Enc.
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YN/ OL E CRIPTION .G'r'/v/ OL PE.CC IPTION A.B.ANCHORI~LT PAP, P.A~IU5
INCTI~TE REC, F~. RECEPTACLE
A,/2,4. APERICAN5 IN/TH REINF. REINF-C~CIN¢ I. ALL HORK 15 TO CONFORN TO THE RELE5 AND RE-d,-~A TION5 OF THE 22. d42NTRACTOR TO RENOVE AU. DEBRIS CREA /cz~ BT THIS INORK FRON THE 25, PROV/I~E POCKET5 iH INALL EOR COLI, f"INC,EEAPI5 AMI2 5LA~5. /0. ALL CONCEALED 5PACE5 IN ,~OOIP F-RAN/NE, 5HALL BE F/P, ECTOPPED il/TH
.~. 1215ABILITIES ACT ON. Z~214¢! LC~AL ~ILDliW 12EPARTHENT AND THE N.~15. ~U/LOIN¢ CONCTRgCTION 51TE AN~ 1215POSE Of= IN A LEGAL MANNER ON A HEEKI. Y BASIC OR NINIP~JN BEARIN~ ON INALL5 OR ~EAP~, ~J F~R .~.A~5, 5~ FOR BEAi~5, IN0¢~2 BI. OCKIN¢ ACdt~,ATEJ. y Pt ~/t:~ TO FILL THE OFENIN¢ AN~
SECTION ELEVATION APN. AOHE51VE 12R, ~ COI2E.. NO NOTE OR Z)ETAIL OR LACK THEREOF 5HALL BE E~2NCIDERED 500HER IF ~DI~21TION5 IlARRANT.
TA~- ~EE~ TA~- ~EE A.F.~ ~VE Off.. ~ETA/L A5 RELIEVIN¢ THE CONTRACTO~ FROM EXEEUTI~V ~ ALL ilORK IN TO PREVENT ~RAFT5 FROM NOVlN~ IRON ONE 5PACE TO ANOTHER,
D~. A~ ~)~J~, A~ FINICHEI2 FLOOR 014~, ORAHIN¢ 24. TOP ELEVATION OF 5LA~5 5HALL VARY A¢COROIN~ TO FINISH FLOOR I1. PROVIDE BRII2~IN~ ,~'-0~ o.c, MAX (EOLID OR OR055 ~RI~IN~.).
NOTED NOTED AL T. AL TERNATE OI~LC. J~2HEL5 ACC42R~ANCE INITH ALL STATE ANO/OR L~AL COZIES. 25. AT THE d42NPLETION OF HORt~ THE 5lYE/5 TO BE CLEAREO OF ALL MATERIAL, 5~ ARCN/TECTHRAL 12R,4~INE,5.
AL~AL~. ALUNINb~'f EA, EACH IPEERI5 ANO EXCEl5 MATERIALS. THE FACILITY 15 TO BE LEFT i~2~PI 12. NOTCHES OR HOLE5 FOR PIPIIW ETC, IN 5TRI~,TURAL FRANIN~ I~PiBER5
TA®- ~EE ~EE FINISH A,N.5.1, AP~-RICAN FIN/CH 5YC~THI
~ NATIDNAL EJ. EC,/ ELECTRIC/-AL 5. ELECTRICAL E42NTRACTOR TO VERIFY ELECTRICAL 5ERYICE AND PARCEL 24. THE ARCHITECT N,45 NOT BEEN RETAINED FOR AI~NINICTRATION OF THE 15. [;~2~gLE,~215T5 ENI2ER ALL PARTITION5 RENNIN¢ PARALLEL IN/TH THE,10157'5.
DJ~. A~~ LEGEND ~ 5TANDAP, Z:~ ELEC~ FOR A~2Ed~JACY IN PROYI~21N~ ~ ELECTRICAL INCTALLATtON¢ ,45 CONCTRI,~,T/ON OF THIS IROJE~T. 2~. 5LAB ON ~ 5HALL BE PCb, ED IN 5TRIPS. CONCTRgCTION OR CONTROL
NOTED CEILIN® EIN. INCTITiBE ELEV,,'EL. ELEVATION 5ttOINN ON THE PLANC. I,P~RADE, CERVICE, NETER AND PANEL AO NAy 25. E42NTRACTOP,5 5HALL COOPERATE INITH ALL OTHER TRAZ~EC AND INHERE JOINT~ CHALL HAVE A NAXI~ CPA~IN¢ OF CO,-¢, iN EiTE~R DiP, EOTiON. 14. ALL FLOOR AND CKYLI~HT ~mENINd~C ARE TO BE FRAHEO INITH ~5~I.E
L_E~EN[~ APFROX APPROXIP~4 TE EN~, EN¢INEER,/EZ~ NAXINFPI AREA OF POUR 5HALL BE 27OO 542. FT. ~R5 AND TRINNERC, I=~LL Y JOINEJ2 INITH STEEL BRI~E5 OR
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~ Ed). E~2AL RE~YJIREO FOR A COHPLETE JOB. 27. ALL HALL AN~ PIER FOOTINE,5 5NALL BE NIN/id,~f/2' THICK ANO IROJECT AND TO PERMIT THE EECAPE OF NEAT IN NOT I,f_ATHER. VENTILATION OF
PLUMBIN® AV~. AVERAGE E-~JII~ E¢~JII:T~ENT 4, ALL PL~"~IN~ 14~P,K TO EE iN STRICT ACCC~RPANCE IN/TH N.Y.5. dOZ~E ~" NINII'~JN BEYONI2 ALL FACE5 OF ,WALL5 AND PIER5 I, WLE55 OTNEPJdlCE ATTIC AND CP. AI.~ CF'ACE5 15 REd~IRE~. ~LOCKIN¢ ANI2
A~,CE~ORIE~ B.O. BOTTON OF ETC. ETCETERA AND ALL AF~.ICA~LE L~AL REE~LATIONC. 2&. CEE N.Y.5. ~JILDIN¢ CONCTRIg, TION d42~2E NANEAL FOR REEIEIREI2 ilC~O NOTEI2.
~ ELEVATION /~_~\ TA~- CEE BP. BOA~Z~ EXIST. EXlET#~ BE ARRANGED ~ A5 NOT TO INTERFERE illTH T~ HOVENENT OF AIR.
DENCHMARKX~' AC, GE~ORIE~ BL/2~. ENILDIN~ EXt~ EA'R25EO 5. CONTRACTOR TO EFFECT AND IoAINTAIN INCURANOE,, IE. CONTP, ACTOR~ FRAME NA/LIN~ 55HEI2ULE. 2,¢, C~8~IT ECE~ 5HALL BE NON-FERR4:¥5 NON-SHRINK ~RE~JT BT IN-PAKT AND I& ALL CATt~P, AL CEILIN~5 5HALL HAVE dONTINgOE5 VENTILATION FROM
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PREVENTOR F.~. PL4~2R ORAIN LIABILITY, t'~RKHAN~ CONPENCATION, CONPLEqTB2 OPERATIONS, ETC. 5HALL ATTAIN A STRENGTH OF 4,~20 PSI iN 7 OATS. EAVES TO RIO~E. 51ZE INCgLATION ACCORD/N~L~ EROVII2E 5/4" dlo. VENT
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EXTERIOR , , ELK~. BLOCKIN~ FIN. FINISH 5AHE TO THE OINNER PRIOR TO COHHENCIN¢ IN/TH YtORI( 2~I. ALL ELA~ TEHid:i¢,A~RE REINFORCEPENT TO BE EI~ERHE5H CONE, PETE VENTILATION.
ROOM FINISH TA~- BR&. BEARINd, EIA'~ FIXTERE I. ALL CONCRETE IlORK 5NALL d42NFORN INITH THE P, Ed~JIREHENT5 OF THE REINFORCEPE'NT A5 i441~FACTHRED BT FIBEPJ,~CH C~ OR APPROVE~
~ooH NUivlDER ~ CEE EXT. ,': BTi~ ~TTOPI FLR. ELOOR ~. EACH 5~J~5ONTI~ACTOR 5HALL 5~NIT A (x2PY OF HI5 INCgRANCE AHERICAN dONCRETE INCTI~TE A,C.I. 51& LATEST EI21TION. EDWAL. NIXIN~ AND PLACEi~ENT 5HALL BE IN ACgORDANCE TO I'L ~O~LE JOIST5 ENDER ENTIRE BATHROON AREA l~VI. E55 OTHEPJ¥/CE NOTE~.
~ TA® MATERIAL BTN.. BETHEEN FRZ.. FREEZER COVERABE (k~2RKNAN~ COMPENSATION, LIAbILITy, ~ICABIL/TY~ TO NAI¢21=AC?bRER~ 5FE~/t=ICATIONC.
LE®END/51TE cA~. CAB/NET FF~. f-i:bi,/F~OT I~. THE CONTRACTOR 5HALL INC42RPOP, ATE ALL REd~UIP-~72 5TRAPS, AN~LEC,
FOOTIN¢ THE OI,~ER PRIOR TO 50HI,¢ENCINC, AIgRK, EACH 51,~CONTRACTOR 5NALL 2. E42NCRETE CONTRACTOR TO 5ET AND PLACE FORPi5 il/TH STRICT TIE~3, 5dPPORT~, ETC, A5 NAT' BE P, EOUIREI2 FOR IROTECTION OF
j C.~.F.~RA/~LARCOPIPACTE~FILL ~A, ~A~E/~UA~E 5Lg~IIT LIEN RELEASE5 PRIOR TO REd~CTIN~ FINAL PAYNENT~ ATTENTION AND CARE TO AU. 12A THN, FLOOR AI~2 ~R,412E ELEOATIONC. IRON FORCE5 OF NA Ti, RE. TH/5 INCLIA2EC, ROOF TO R~2F; P,C~2F TO IN,4LLC~
DOOR TA~- , CLX. CEILIN¢ E42NTRACTOR THE OIlNER~ /I~_,ONVENIENC£ AND 5HALL Z~2 5(2 iN A INORKNAN-LIKE A.C./. SPECIFICATION. /. ALL 5~¢,Z:L FABRICATION AND ERECTION 5HALL E, ONFORN TO AISC
(~ ~CHEDULE ¢ EXI~TIN® HALL oLDE, CLDBET ~ZZ 5RAI2E NANNE~ BEECIFICATION5 FOR 5TR~TI~SAL 57EEL, LATEST EDITION.
DOOR ~CHD. TO REMAIN CLR. CLEAR ~L, ~LA55 4. ALL TENPERATURE REINFORCIN~ 5HALL BE 5EEEICIENTL Y EH~Z)Z2E~ TO
COL. COLUNN ~Yt~ ~T.PEg~I & ALL 5AL VA~EA~.E MATERIAL5 ANJ2 E~JIPHENT INCLUPlN~ FIXTEREC, ~2EVELOP FTJLL 5TRENE. TH IN ALL COiWRETE INALL5 AND 5LABC. 2. ALL 5TR~CTI~ STEEL ENALL BE ACTH A-~, EXCEPT 5~71~RA1_ 77JEE
COHO, (x2NCP, ETE H.C. NANI2/CAP FERNICNIN~5 AND DECOR ITEM5 ENALL BE 5TORE~ AND IROTECTEZ2 ERON
COND. E42N~JIT ACCE551E~E INNICH 5NALL B~ ACTH A5~:2 51~4DE B. AND 5TPJ/C1~e,N_ PiPE ~HICN 5HALL
CONN. EONNECTION N.C. HOLLOil C~RE 12ANACE ¢!TIL THE OHJ'E'R J2EI'ERNIHE5 THE ~OURCE OF ACTION TO BE BE ACTN ACOI.
NJ2. NI&H 12Et~ITT. TAKEN IN/TH CANE. 5. PROVIDE ADEE~A TE TIE5 FOR ALL STEEL REINFORCED IN 5LA~5,
~) J~l NDOJAJ TA~- CONCT. C~NCTR~,TION HC~R. HEAI2ER PIERS, AND INALLC, REINFORCE~2 TO BE HEL~ AT COIf, EOT DISTANCE IRON
SCHEDULE ~ E×I~TIN® HALL5 coN~ CONTIN.:42~5 HI2Y~ NARZ~IlARE F-¢RN5 AND EARTH BT STEEL CHAIR5 OR TIES. 5. ALL 5TRg57~N. STEEL ~CED A5 EXTERIOR 14~LL LINTEL5 5HALL BE
DOOR 5CHD. TO DE REHOVED CONm. E4~NTRACTOR NOIlD. NAP,~AC~:2~ ~. FROTEOT AND NAINTAIN EXISTINg, ETILITY LINE5 IlH/CH ARE TO &AL VANIZEJ2.
THESE LINES. ~VL~55 OT~I~ NOT~, ALL EXISTII~ UTILITIE~ ~¢~LL BE ~. ?OLLOil C.~5.1. ~ FOR PLACII~ ALL REINFOR¢II, I~ 5T~_L ANO 4. BEAN CONHE~TION5 .~tALL BE Z~ESIS~ TO illTH~TAND ONE-HALF THE
..~IFICA TION NF. HEIGHT AL TEP, e]2, CAPI~, OR RELOCA i ~u IN A NANi~ API~OV~ BT THE ACCESSORIES, NA~(li,'l~i"~ ALLOIlABLE ~NIFOI~'f LO,~ F~ THE PARTIC~LA~ l~N AND
PROPOGEP HALL5 ~ C~BIC WVTILA TION, AIR ~OVE-~NI~NTAL AUTHORITIES AND UTILITY ~Oh~ANIE5 NAVli~ .~.ISPlCTION ~PAN CONDITION~ 5HOIYV OR THE LOAD INDICATEO ON ORAINtt~5,
/~ REVISION REFER TO ~1., Z2Ob~_E CONDITIONItN~ 50 A5 TO ~ARANTEE A COMPLETE INSTALLATION. Z CONTRACTOR 5HALL 5UJ~fIT g42NCRETE NIX REPORT ilITH I,~tlCHEVER 15 ¢REATER.
TA® FLOOR PLAN5 Z:~-¢. ~E5 I.~. 150LATE~ ~ROEN~ CONPR~5510N TEST RECdL 7'5 TO Ei~IHEER FOR REVIEH PRIOR TO
EOR ~IZE DIA. ~21APEIbR INCHES 5. ~LOIN~ 5HALL BE iN Ad4;ORI2ANCE illTH ~ SPECIFICATION5
Oli~. DIHENCION INCL. INCLU~E/EZ2 I1, ~2NTRACTOR 5HALL PROTECT, PATCH AND REPAIR ALL EXICTINE~ ilORK 5TARTIN~ PC[INOATION dONCTRUCTION
INF-¢. IHEORNA Tk2N AD, J4CENT TO HI5 Y~2RK, OR PANABEP ,45 A RE52L T OF NI5 t'~2Rt~ ETO-XX ELEC TROOEC.
IN541L. INCgLATION
INT. INTERIOR tNCTL, INCTALLATI¢2N/ IlHERE EXICTIi~ i'~TERIAL5 ARE TO ~E HATCHED, CARE 15 TO BE
PROPOSED DOOR ' u-~2x JA~TION EOX INCTAI I FO TAICEN IN BLENI21iW COLO~ AND REPLICATINE, A~J~CENT FORP~ AND 5. REPRECENTATIVE TE~T CYL/NI2ER5 5HALL BE TAKEN IRON THE CONCRETE &. ALL EOL T5 5HALL BE ACTN A-525N AND CHALL EE INCTALLEO TO A CiV[4~
PLAcE~ EACH ~AY IN ACCORDANCE illTH CONCRETE 5PE~,IFICATIONC. C~NDITION A5 ~2EFINE~ IN AI5C 5PECiFICATI4~iC,
.~ EXIGTIN® DOOR "~ REFER TO ~T. JO/CT RE~. ~/RED
TO REMAIN~ FLOOR PLAN5 JT. JOINT R~. RC~N ~CTIi~ 5HALL ~E PERF-ORiv~-~ AT 7 AND 2a
AND ~C, HED. IN. Et~=PLIER R.O. RO~H OPENIN~ ~ ALL I~E!.DER~ 5HALL BE ~RENTL Y ~ERTIFIE~ THE F4~U. OININ~
FOR ~IZE LAI~. LAHINATE R.T.E. RC~E TOP ~IIT 12. BEFORE 5&~NflTII~ ANY EROFOCAL, IT 5HALL BE THE RESPONSIBILITY CERTIFICATION5 ARE Ad.~EPTA~L¢. ~ YORK STATE, ~ YORK CITY
LAV. LAVATORY 5AI~ SANITARY OF THE ~TRACTOR TO EANILIARI2E NIN5ELF illTH ALL EXICTIN~ ~ ALL NE-CH 5HALL BE 5PLICE~ 50 THAT THE OVERLAP ~'-fI,~EN 4~JTH~N~CT PEF~ OF ~ILDIN~5, OR TECTINO LABORATORY CERTIPICATION TO THE Ak~
LBS. Ft~EI~ 5.C. 50LIP c~E CONOITIONC, h~ Uzi~iAL5 TO BE i~C4TCNF~, k~RKIN~ 5PACE AVAILABLE, CR055 illRE5 OF EACH SHEET 15 NOT LES5 THAN THE 5PACIN~ OF THE
L.F. LINEAL FO~T 5CH~ 5~HIED~LE SAFETY PRECAUTIONS, ETC. RE~IRE~ ~ THE 54FE AND E,~=~DITIC~5 CR055 INIRE5 PLE5 ~ INCHES, UN, E55 OTHERINI~E ~ ON THE
.,/~x/ EXICTIN® DOOR~ ~ PROPOSED L?. LOINPOINT 5EC7: SECTION
TO DE REMOVED FIXTURE5 NAif-. PIAlt;~/AL 5.~. 5d~IJARE FEET E..~C4JTION OF TH/5 CONTRACT. FAILURE TO J20 50 INILL NOT BE
~x HAXlI~UN 5H~ SHEET CAUSE FOR EX7'~4 CO~T~ TO THE oz4vER oR oill~ REPRESENTATIVES. PAINTli~
FOR FUTURE NEON. HECHANICAL 51i~ 51NILAR E~2NTACT THE ARCHITE~T INNE~IA TEL Y IF PIELO d42NDITION5 ARE I0, ALL FCfJN~A TION5 5HALL BE CAST ON ~IC~P, BEP OR CONTROLLEE~
;,NF&. NANL~ACI~,ER 5!~ 5NALL ~ TO BE OTHER THAN TI~25E 5~ HEREON FRIOR TO PP, E~EEOINE. C42NPACTE~ 50IL HAVIN~ A NINIPDN ~EARIN~ CAPACITY OF ~ (2) TON5 I. ALL STEEL AFTER FA~RICA T/ON ENALL BE THOROEC-HL Y CLEAHEI2 OF RUST,
MIN., NIN/i'#,PI 5PE~5. 5EEC/F/OAT'ION5 illTH INORK AFFE~TEI) BT CANE. PER 5dgARE F-~2T lX~LE55 OTHERWICN NDTEJ2 (Cb~JECT TO FIEL~ DIRT, LO~E,E HILL 5CAL~, AND OTHER FOREION NATTEt~ AF77~ CLEANINg,
t¥"~,I~21511.~.ENILLINET~ .~1, PT. 5~I)AR~ P'~T 15. CONTRACTOR .~-IALL VERIF~ ALL DINEf~ION~ ERIOR TO ~ t:~INER, ,AND OHE C. OAT COLOR TOBE 5ELECTEd2 BT Ok'~-~, PAINT
~ ~i~j) 5T~, ~TAM2ARO U, NAXIJ~N 5TEE OF POOTIN~5 51~LL BE ONE VERTICALLY TO ~ ~dRt=ACEC., AND ~ IRON ~ Y ~J~T, I~1,!~ OR
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A-I - ~OUN,~A 'I'ION ~£AN, N/ I~ T F£OO~ F~£AN ~: ~,,~ NONINAL .~PPL, ~ YE-lED Z~.Ailll~5 l.~llCfl ARE AT Vt:~'elANCE illTH Tt~ LAil Ot~INAI~EC, RULE5 2 PRli*~R ~NALL BE RIJ~T-O-LEUN IO~q ~U~T-INfllBITIJ~ IRIBER OR
NO,/NUI~ ~ ~ .~F--~:~I~ OR RE~I. LA TiOJ~, BEARIN~ ON THE COi, I~:~C, T OF 'file INORK ENALL BE 12, ALL RE-rAININ~ IlALL5 5HALL BE AI~UA TEL Y BP. ACE¢ Z2URII,~ At-~"~OVEP E~UIVALENT, 5E-COND COAT 5HALL BE R~T-O-L~'.I I0~0, OR
5E~ON~ F/_O0l~ F'£AN N.5.~ NATIONAL Ti TOP OF REPORTE¢ ERONPTL Y TO THE ARCHITECI~ CONCTR~CTION TO NAINTAIN SAFETY AND 5TA~ILITtl BACKFILLIN~ 5HALL AFPROVEP E(Z~JIVALENT.
5ANITA T/ON TB, THR~2,~H ~L T NOT BE FERNTETE12 I,~!T/L CONCRETE HA5 ACHIEVED ~1~ OF THE 5PE~/FIE~
FOUNDATION T~B TOP ~ EoT-roM 5. AFTER ERECTION, TOI,~H UP ALL FIELJ2 CONNECTION5 ANI2
A-~ ~/ ~V'A TI~N~ N..T.5, NOT TO SCALE T~ TONE~E ~t ~R~VE 15. IE CONDITION5 EN54~]N1EP, E!2 OERIN~ COI~TRL,~,TION OIFFER ~ECI&N STRENGTH
5bRFACE5 INITH 5AHE TT.PE OF MATERIAL UCE~ FOR 5HOP COATINg.
O.A. O~R ALL TEP~ TENl--ci~JCD ERON ~ T/5 5HOHN ON ~RAHIN¢5, THE ENE, INEER 5HALL BE
¢[C. ON 5EAq'ER TYR. TYPICAL NOTIFIED IHNE~IA TEL Y AND ,h~K 5HALL NOT FP42gRE55 UNTIL 15, ALL CONCRETE 5HALL ATTAIN A NINIIdJ~ 5TRENE. TH OF ~,000 PSI ~ 2B
OI:TVG, OFENIN~ ~/L. I,¢~;~,hRIT~ ALL I=P42J~EN5 ARE RECOL ~ TO THE 5A TICFAC TION OF THE PA YC. FOUNJ2A TION, 5L,zg5 ON BRAI2E AND CONCRETE EXPOCE,~ TO
OPI~ OPTIONAL LA~2RATOR/E5 EN¢/NEER
OPt~ OPtR251TE b~X ULTRA VIOLET I,~A THEN 5HN_L BE AIR ENTRAIHEIA
I. ALL LgiffBCR 5NAU, BE 120EOLA5 FiR LARCH NO. 2, FB = ~75 PSI, FV = q5
PL. PLATE V. VOL T/VOL TA~E I& ALL 51~CONTRACTOR5 ENALL BE RESPONSIBLE FOR EILIN~ AND 14. ALL COI~,RETE REIHEORCINC, STEEL 5HALL BE IN ACCORDANCE INITH A577~f PSI, E = t,(~2~,0C~2 PSI, NAXIIdJN Pt~215ARE CONTENT ¢ Iq~.
' PLPi~. PLUh~IN~ t4B. VAPOR EA,~RIER OBTAININ¢ APPROVAL5 ~ THEIR/WORK INlY/CH HAY BE RE~JIRED. A-~I5 E, RAI2E ~O [2EF-ORP~D
~v/-~/¢ INITH/HITHC~IT IZ ALL 56~C~NTRACTOR5 5HALL PROVIDE ALL EGUIFT~ENT, TOOLS, FENCES, 15. BELDEO illRE HEEfl ~ BE IN AC~:~I2ANCE INITH AC~Td
pRL:~. PREPARATION/ TI~,ANCPORTATIOfl,, 5At=E~IAP,~5, ETC., A5 RE~2UIRED FOR THE PROPER
' FREPARE~ ~
P~5.t~ POtJNO5 PER INOI,~ illN~2OIN E, kE~JTION OF THEIR I,~2RK. I~. ALL 5TRI,~RAL HEN~ER~ 5HALL BE POURED FOR THEIR F~LL DEPTH5 IN 5. ALL IN~212 CONCTI~I~TION 5HALL C~ Y ilITH THE NATIONIg_ ~ECI~CAt
ONE OPERATION, CONCTi~CTION JOINT5 5l~H A5 A DAY5 ~ JOINT5 5PECIEICATION FOR IN. OD CONCTP. I,~rlON, LATEST EDITION.
5G~JARE FOOT H,N. I,~ TER NEATER
ilt~ kOATER PROOF 15. ANT 12EVIATION5 PROM THE ARCH/TECT~ 12RAININ~5 PDCT BE CD, Pitt Ib~ 5HALL BE LOCATE~ IN THE NIZ212LE OF THE 5PAN, P~/N REINFORCIN~ TO
P.5.1. POUND5 PER ilT. IlEI~HT TO THE ARCHITECT iN IlR/TIN~ FOR APPROVAL. RUN THROt,~H THE JOINT, KEY AND ROlg, HEN JOINT5 TO EXF¢5E 4. ALL ilOOZ2 EXPOSED TO HEATHER ENALL BE CCA TREATEO iN
5d~UARE INCH A~P,E~A TE FOR CHEMICAL BONO. AE4:;OPu2ANCE /N/ TH AEPA
PT~ PART/POiNT ill,~F. HELI2EP illRE
~ PAVENENT FABRIC Iq, EACH CONTRACTOR AND 5!,~ONTRACTOR 5HALL BE RESPONSIBLE FOR 17. NO F42RIZONTAL JOINT5 5HALL BE PLACEZ2 IN Y~L5 EXCEPTA5 5HOilN ON 5. ALL/4~200 CONNECTOR5 5HALL BE B~ "51NPCON~ "TECO", OR
NA/NTAININd~ SAFETY ON THE J~ 5/TE I;~RIN~ THE CONCTRECTION THE J2RAININ¢5, illTHOgT THE APPROVAL OF THE ENGINEER. APPROVED E4~UAL.
PH,45E TO CONPLY illTH THE ~LA TION~ ANJ2 RE~JIREi~ENT5 OF THE
OgggPA TIONAL 5AFET~ AND HEAL TH ADMINISTRATION. THIS 5HALL I~. MAXII'¢JN LENGTH5 OF F-OI~II2ATION IlALL POER IN ONE OPERATION 5HALL &. MEN'ER5 12ECI~NATEO A5"'¢AN~ LAN" OR "~LAMINATED VENEER LUPiEER"
INCLI22E, ~ ARE MDT LIMITED TO, PROVII21N~ ALL NECESSARY BE ND NONE THAN ~ CONCEEgT/VE E42LUNN Z)li~, OR &2 FEET. OR "L VL ~ 5HALL BE NANC~=ACTHREO lif ACCOPJ2ANCE illTH 5PECIF/CATION5
TENPORARY 5EPPORTE ANO BRA5tN~ ,45 NAT BE REG~JIRED PRIOR TO BT LCYJ/5/ANA PACIFIC COR~ ND 5t,~CTITlJTE5 5HALL BE PET~Nh
THE THE INSTALLATION OF NEil 5TPJJ~11JRAL ELEPIENT~, A5 BELL A5 I~I. CONCP, t:IC CONTRACTOR TO BE RESPONSIBLE FOR 5ETTIN~ ALL ANCHOR ill~ THE EN~/i'~ER5 APPROVAL. ~OECI~N 5TRESSES ARE A5 FOLLOI'~,
ENER Y CONCERVA T/ON NOTE: ADE UA AND PROPER EARR/C 5, RA/L/ 5, LIeNTIN , 5TAI , ETC. BOL AND PLA . = OPEI, E = 2/.Z OCOPEI
· RE IRE ro PRor r THE oilN HER ONHEL AND
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I. ALL I~2RK ON THIS IROJECT 5N.N,L COHEORN TO THE HEil YORK STATE ENERGY THE I~JTIE5 OF THE ARCHITECT AND HI5 EHPLOYEE5 OR A~ENT5 5HALL AND CAFE PASSAGE FOR PERSON5 TO AND FROM AREA5 ANI) TIE~ INTO FOENDATION IlALL5 INITH 5,/~" ANCHCR BOL 1'5 5'-~" o.c. (I'-O" EECEtVED
CONSERVATION C~NCTRI~.T/ON COl2~ (LATEST EDITION). TERNINATE il/TH THE CONPLETION AND OEL/VERY OF t~PJ~IN¢ Z2RAIN/N~5. FACILITIES HHICN ARE TO RENA/N. VERIFICATION OF LOAI~5 AND BEAN 51ZE5 INITE HFR. PRIOR TO
THE ARCHITECT 15 NOT RESPONSIBLE FOR 5¢PERVICION Ot= E4:~!5~TI~2N h'~4)c FROM ALL CORNERS,) IN/TH lO~ rain ~T. PROVIZ2E 5iLL AND NANEFAC1f, RE. NDTIFT. ARCH/TE~T OF ANT J215¢REPANCIEC, IN
2. THIC IROJECT IC J2E~IONE~ ACg42R~IN~ TO PART- 5 OF THE NYC ENER~ y OF THE PROJECT, NOR DOEC THE ARCNITECT NA VE AETHORITY TO ACT ON ~ AND &R~JT CILL PLATE TO H,4LL, HRITIN~, CH~./LJ2 THERE BE A PROBLE~ ~ ~[~ _~ 6
COI~ERVATION AND d42NCTR~;TION COI2E,, "~UILDIN¢ Z2ECI~N BT'ENVELOPE BEHALF ~ THE O]4¢!ER OR THE CONTRACTOR I~!LE55 NOTED OTHERWISE IN 20. FIE;~ Z2INENCION5 5HALL ~VERN 5NALL SCALE ~4ININ~5 HHERE
PETNDD" (TA~.E 502,2,~, UNI2ER ZONE lib (5~=FOLK COUNTY). INN/TINE. ]21BEN51ON5 ARE ECTAELICHF_J2 BT CONI~ITIONC. IF EXICTIN¢, EACH 2/. PL42:2R 5LAB5 ON ~RAOE TO BE 4# POURED CONCRETE IN/TH ~X~/I.4XI.4 ~A. ~. THE CONTRACTOR 5HALL BE RECPON~Ii~.E ~ COOR~INA TINE~ ALL J~OARD OF APPEALS
5. ALL E,~:'C~EO NOT IlA~bN PIPIN~ AND/OR HEA TIN~ J2gCT5 TO BE INCgLATE~ A5 CONTtg4Z; TOR 5HALL HEACERE EXICTIN~ CONI21TION5 PRIOR TO ORI2ERINd~ INIRE REINFORC/N~ AND STEEL TROHEL FINICN. PROVIDE I/2" REd~UIREI2 INCPEOTIOiW OF THE R4AICff AND FINAL FRANIN¢
PER SEC. E5~5.5.5.1 AND E56'~.5 OF THE NY5 ENERGY COZ:E.. THE ARONtTECT 5NALL NOr BE RECFO~iBLE EON THE ACT~ OR ONI551¢~ MATERIAL5 ANO CONNENC/N~ IN/TH i,'~PJ~ PREN~ELZ~'Z~ EXPANSION JOINT/Nd, AT PLOOR ~ AND FOUNDATION
AFFIJ2A VI T OF ENERGY ¢OZ2ECONFORMANCE· OF THE COIVTRACTOR OR ANY ~-CONm4CTOR m ANY OF THE I~U~L. FROVIDE 2" (R-IO mln,) RI~I~ I~TION 2~-O" EACH IlA Y OFOR ¢1. ATTIcTHE Z2ECI~N LIVE LOAJ21N LIVIN~ AREAC I5 4EP PCF + DEAD LOAD =IO PCFLIVE LOA~ 15 20 PCF + DEAD'LOAD =CPCF
· CONTRACTOR~ OR .EC~-CONTRACTOR~ ENPLOYEE5 OR ABENTC, OR ANT' 21. &EHERAL CONTRACTOR AND NI5 51~t5 ARE RECPONCIELE PER ALL LAY- HEATED BEACEC). ROOF LOAZ; 15 45 PCF ~RO~NP 5i~2HJLOAO + J2EAI2 LOAD =10 PCE
1~, NENC~HICK 5IL VERNAN ARCHITECT5 t~C., ACtOVOINLEZ2~E AND OTHER PEP,5¢N5 PERFORNIN~ ANY OF THE INORK. CYJT ~ INCLI~21NE, 5PE-~IFIED LA y-OUT Z2RAIl/N¢5 AC REgUIREO. 22. ALL 5LA~5 ON ~ 5HALL HAVE THICKEN/i~35, Z2EPRE55/ON~, ROOF 5PAN5 AND 5PAi¢3 iN LIVIN¢ A~_A5 ARE LIMITED TO A DE?,,~-CTION OF
Al ~:b T THAT TO THE EECT OF OER KNOkOLEI2~E, BELIEF, ANO ~ENER. AL CONTRACTOR 5HALL C~2RI21NA TE RESPECTIVE 5b~5ONTRAC TOR5 l.~.
PROFE~51ONAL JJ[;~NENT, THIS ~JILDIN~ /5 DEC/~HEO IN CONFORf,IANCE .~2 A5 MDT TO CA~--E UN[~JE HAR~ENIP, DELAY. AND INTERFERENCE INITH C~ENli~.5, ETC., A5 REd~IREI2 OR A5 5NOI,~V HEREIN OR ON
illTH THE NEil YORK STATE E-NERVY CONSERVATION CONCTREC TION CO~2E, CONZ2I/CT OR INORK. ARCHITE~7~,AL DRAININg5.
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