HomeMy WebLinkAbout36434-ZTown of Southold Annex
54375 Main Road
Southold, New York 11971
8/8/2011
CERTIFICATE OF OCCUPANCY
No: 35125 Date: 8/8/2011
THIS CERTIFIES that the building ACCESSORY
Location of Property: 920 KIMBERLY LANE, SOUTHOLD, N.Y. 11971,
SCTM #: 473889 Sec/Block/Lot: 70.-13-20.15
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for BuikYmg Permit heretofore filed in this officed dated
5/18/2011 pursuant to which Building Permit No. 36434 dated 5/31/2011
was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
which this certificate is issued is:
tennis court to comply with all conditions of ZBA #6359, dated 6/10/10.
The certificate is issued to
Mandelbaum, Jay & Gordon, Lauren
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit #: 36434
Date: 5/31/2011
Permission is hereby granted to:
~ MANDELBAUM & LAUREN GORDON
1107 FIFTH AVENUE
NEW YORK, N.Y. 10128
To:
construct a tennis court to the conditions of the ZBA Decision #6359 as applied for
At premises located at:
920 KIMBERLY LANE, SOUTHOLD, N.Y. 11971
SCTM # 473889
Sec/Block/Lot # 70.-13-20.15
Pursuant to application dated
To expire on 11/29/2012.
Fees:
5/18/2011
and approved by the Building Inspector.
ALTERATION OF ACCESSORY BUILDINGS
Total:
$100.00
$100.00
Form No. 6
TOWN OF $OUTI:IOLD
BUILDING DEPARTMENT
TOWN HALL
765-1802
APPLICATION FOR CERTIFICATE OF occUPANcy
This application must be filled in by typewriter or ink and submitted to the Building Department with the following:
A~ For new building or new use:
l. Final survey 0f property with accurate location of all buildings~ property lines, streets, and unusual natural, or
topographic features.
2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form).
3. Approval of electrical installation from Board 0f Fire Underwriters.
4. gwom statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead.
5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate
of Code Compliance from amhitect or engineer reaponsible for the building.
6, Submit Planning Board Approval of completed site plan requirements.
B. For existing buildings (prior to April 9, 1957) non-conforming useS, or buildings and "pre-existing" land uses:
1. Accurate survey of property showing all property lines,'streets, building and:unusual naturai or topographic
features.
2. A properly completed apphcation and consent to inspect signed by the applicant. If a Certificate of Occupancy is
denied, the Building Inspector shall state the reasons therefor in writing to the applicant.
C. Fees
1. Certificate °f OccupancY - New dwelling $50.00, Additions to dwelling $50.00, Alterations to dwelling $50.00,
· Swimming po01 $50.00, Accessory building $50.00, Additions to accessory building $50.00 Businesses $50.0ff.
2. Certificate of Occupancy on Pre-existing Building - $100.00
3. Copy of Certificate of Occupancy - $.25
4. Updated Certificate of Occupancy - $50.00
· 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00
Date.
New Construction:
Location of Property: q ~)
House No.~ i -~-~ .
Owner or Owners of Property: ~
'ffi'olk County Tax Map No 1000, Section
4ivisi0n
itNo.
Old or Pre-existing Building:
Date of Permit.
Dept. Approval:
Board Approval:
Filed Map...
Applicant:
Und~vriters Approval:
(check one)
Hamlet
Lot .15
r: Temporary Certificate
~d: $
Final Certificate: (check one)
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TO'WN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown. NorthFork.net
^pp,'o ed? 9/ .20 //
Disapproved Wc
BLDG. DEPT.
TOWN OF SOUTHOLO
a. I his application MUST be
PERMIT NO. -~6, 'f 3 q
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey.
Clneck
Septic Form
N.Y,S.D.E.C.
Trustees
Flood Permit
Single & Separate
Storm-Water Assesslnent Form
Mail to:
Phone:
APPLICATION FOR BUILDING PERMIT
Date ,20
INSTRUCTIONS
completely filled in by typewriter or ill ink and sLibmitted to tile Building Inspector with 4
sets of plans, accurate plot plata to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to ad. joining premises or public streets or
areas, and waterways.
c. The work covered by finis application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will iyue a Building Permit to the applicant. Such a permit
shall be kept on tile premises available for inspection throughout tile work.
e. No building shall be occupied or used in whole or in part fbr any purpose what so ever until the BU~iding 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 witlnin 18 months fi'om such date if' no zon ing amendments or other regulations affecting the
property have been enacted in tile interim, the Building Inspector ma3 authorize, m writing, tile extension of the permit for an
addition six months. Thereafter, a new permit shall be required
APPLICATION IS HEREBY MADE to tine Building Department roi' the issuance ora Building Permit pursuant to tile
Building Zone Ordinance of fine Town of' Southold, Suffolk County, New York. and other applicable Laws, Ordinances or
Regulations, fbr the construction ef buildings, additions, or aherations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code. housing code, and regulations, and to admit
auflnorized inspectors on premises and in building for necessary inspections
cant or name, ifa corporation)
(Mailing ad~iress of applicant) tt7 Z.q
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
,
Name of owner of premises g~c~ { ~{ ~O~
(As on the tax roll or latest deed)
If a~plic~t is a corporation, signature okdulv attflmrized oSficer
~ame ~d title of co.orate office})
Builders License No. [Z~ ~3-M ~ ~~~ ~)
Plumbers License No.
Electricians License No.
Other Trade's License No.
Location of land on which proposed ~ork will be done:
House Number Street O
$oo4hotg___ t4.q. U, l l
Hamlet
County Tax Map No. 1000 Section 70 Block I ~'~ Lot ,:20. O; ~,
Subdivision Filed Map No. Lot
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:~
a. Existing use and occupancy
b. Intended use and occupancy '-'~r-0?o,~e ,.4
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
4. Estimated Cost~ ~OOO
5. If dwel!ing, number of dwelling units
If garage, number of cars
Fee
Addition
Other Work
Alteration
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height_ Number of Stories
Rear .Depth
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front i;,O,~ ~ Rear 6~ O t .Depth
Height O Number of Stories 0 ":I"~.,.~.v.~C..~o_~-~' ,~ ~7
9. Size of lot: Front Rear .Depth
10. Date of Purchase Nmne of Former Owner
1 l. Zone or use district in which premises are situated '~.-q 0 ( '~..~i ~'~,-bL'o. [%
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO /
13. Will lotbe re-graded? YES~ NO ¢ Will excess fill be removed fkom premises? YES / ~'
14. Names of Owner ofpremises~r. ~ des. ~s~/~o~Address ~o~td ~. t~ot Phone No,
Nme of Architect ~n~ ~ ~,~el Address ~~ Phone No~
N~e of Contractor K~,d ~, ~eqh ~ Address ~Phone No. ~J/-2~7 - o~ ~
15 a. Is this property within 100 feet of a tidal wetland or a fl'eshwater wetland? * YES NO
· IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED~
b. Is this property within 300 feet of a tidal wetland? * YES__ NO v.,/
· IF~.YES,.D.E.C. pERMITF.S MAY BE REQUIRED.
l
16 Pro,de sn~vey, to scate~.hvith ~Scurate t'oundation plan and distances to property lines.
,. ,.
17: ]~f elev~[~ a'~ ~5.y~l~nt on property is at 10 feet or below, must proxqde topographical data on survey.
18. Ar}~thel'e any eovenant-s.and restrictions with respect to this property? * YES NO __
· : tF,'~I~S,. PROVIbE A cOPY, ,
STATE OF NEW YORK)
SS:
COUNTY OF )
~ ~'1/'~ ~'~'' ~ ~ ~. [ '.~,,~ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the (1.,O^~ *",~.c.'~'TF,-, ,"--
(Contractor. Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or ha'~e performed the said work and to make and file this application;
that all statements contained in this application are true to the best of bis knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sv/6'?'ibto before me this
p"~' Nota-ry P~_lblic ~' IVETTE L. RAMOS / "?c7'""~--'-~ 'fi,.'/' Signature of Applicant
I, , ' / Notary Pubtic. State of New York
k ~ Suffolk County No. 01 RA6069998,~/
Commission Expires February 19, 20
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
'southoldtown.northfork.net
~.RD OF APPEALS
YN OF SOUTHOLD
765-1809 Fax (631) 765-9064
BERATIONS AND DETERMINATION
"[TING OF JUNE 10, 2010
ZBA FILE: #6359
NAME OF APPLICANT: Jay P. Mandelbaum SCTM# 1000-70-13-20.15
PROPERTY LOCATION: 920 Kimberly Lane (North Bayview Road and Roxanne Road) 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 January 5, 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 is not subject to review under Chapter 268 because the variance relief requested does not
involve features that relate to a regulated natural feature or a bulkhead or other shoreline.
PROPERTY FACTS/DESCRIPTION: The subject property is a vacant 40,707 square feet parcel located in an R-
40 District. This lot is a part of the Map of Paradise by the Bay filed November 4, 1976 with the Suffolk County
Clerk as Map number 6463. The property contains three front yards; 145.00 feet along North Bayview Road,
179.12 feet along Roxanne Road, 97.58 feet on Kimberly Lane and with 259.00 feet on the south property line_The
proposed tennis court is shown on the site survey submitted, drawn by Samuels & Steelman, dated Sept 15, 2009,
and revised Feb. 24, 2010.
BASIS OF APPLICATION: Request for Variance from Code Section 280-13 and 280-I05A, based on an
application for building permit to build a tennis court on a vacant lot, and the Building Inspector's October 2, 2009,
Amended February 25, 2010 Notice of Disapproval stating that the use of a tennis court is not permitted on a
vacant lot (without a principal dwelling) and the tennis court fence will exceed the code limit of 4 feet in
height. Location of Property: 920 Kimberly Lane, (North Bayview Rd. & Roxanne Rd.) Southold, NY; CTM # 70-
13-20.15. (Paradise by the Bay subdivision)
RELIEF REQUESTED: The applicant proposes to construct an accessory tennis court in a conforming location on
a lot that is construed to be a vacant parcel without the benefit of a principal dwelling, and to construct a fence 10
feet in height, whereas Town Code specifies a 4 foot maximum height in a front yard and a 6 foot maximum height
in the side and mar yards.
ADDITIONAL iNFORMATION: The Board received the requested survey showing a proposed building envelope,
a landscape plan, the proposed style offence and ingress and egress from the property on Kimberly Lane
Page 2- June 10, 2010
ZBA File#6359 - Jay P. Mandelbaum
CTM: I000-70-13-20A$
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public heating on this application March 25, 2010 and May 20, 2010, at
which time written and oral evidence were presented. Based upon all testimony, documental/on, personal
inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant
and makes the following findings:
On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following
findings:
1. Town Law §267-b(3}(b)(1). Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The Zoning Code does not authorize construction of
accessory structures on this vacant parcel, except those that receive variance approval. In many situations, the
Zoning Board of Appeals has denied variance requests for an accessory structure on vacant lots. All these requests
must be considered separately and individually under use variance standards, especially because the code requires a
single-family dwelling or other permitted principal building to be in existence prior to an approval by the Building
Inspector of a building permit, for such an accessory structure. In this case, the applicant owns two vacant lots, on
opposite comers, and his house is on the lot across the street. The character of the neighborhood is comprised of
one-acre lots with many waterfront parcels, and the majority of these parcels are already improved with single-
family dwellings. The Board has determined that the addition of this particular tennis court, albeit on a vacant
parcel, but restricted by the additional conditions as set forth in this decision, will not change the residential
character of the neighborhood, or be a detriment to other properties.
2. 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 owns a single-family dwelling on the parcel
across the street, which is a waterfront lot, and there is not enough area to construct a private tennis court.
3. Town Law §267-bO)(b)(3). The variance granted herein is substantial. The applicant is seeking a 100% relief
from the code. However, the applicant is willing to place covenants and restrictions on the property that would
mitigate neighborhood concerns and other foreseeable future conflicts.
4. Town Law §267-b(3)(b)(4) 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. The
Board has tailored this decision to address both the specific request of the Applicant, and the documented response
from the majority of the neighbors who spoke and provided written testimony at the Public hearing. Neighbors
expressed concern that the natural landscape remains as unchanged as possible along North Bayview Road, and
that no lighting is allowed. Some neighbors suggested that no fencing be allowed, the Applicant suggested a
particular style of fencing, and this Board has determined to allow for fencing customary to tennis courts. The
Applicant submitted a landscape plan that screens the tennis court from both North Bayview Road and Roxanne
Road. The proposed covenants and restrictions further address all the expressed concerns.
5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant could have proposed the
tennis court on his house lot, however, this is a waterfront lot and the tennis court would have to be placed in the
front yard, which already contains an in-ground swimming pool.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an accessory tennis court while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community. If the Board were interested in conditioning the
vacant parcel for a specific time, it would give the applicant a time in which to construct a principal dwelling on the
parcel. The applicant would then be able to use and enjoy the tennis court and if he chose not to build a single-
family dwelling, the tennis court would be rem6ved. This conditional time period approval would be contingent
upon the present fee owner continuing to own the improved parcel across the street, identified as SCTM#1000-70-
13-20.5. It can be accomplished by placing covenants and restrictions on both parcelsl'[n consideration of the
Page 3- June 10, 2010
ZBA File#6359 - Jay P, Manflelbanm
CTM: 1000-70-13-20,15
balancing test, the Board has determined that the benefit to the applicant with these Covenants and Restrictions
applied, outweighs the detriment to 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 Dinizio, and duly
carried, to
GRANT OF CONDITIONAL APPROVAL, of the variance as applied for, to this FEE OWNER ONLY, and
shown on the Landscape plan prepared by Lisa Bynon Garden Design dated received by ZBA on May 14, 2010 and
Site Plan prepared 9/15/09, revised 2/24/10, by Samuels and Steelman, Amhitects.
Covenants and Restrictions shall be placed on this parcel and be made part of this decision, and shall be filed with
the Suffolk County Clerk within thirty (30) days of the filing of this decision with the Southold Town Clerk.
Conditions:
1. Allow only the construction of an unlighted tennis court on the subject parcel.
2. The variance for the fence used in conjunction with the tennis court shall be black chain link and not
to exceed 6.5 feet in height.
3. Plantings on North Bayview Road and Roxanne Road shall screen the court on the two sides and be
a minimum height of eight (8) feet, continuously maintained.
4. The period of use, starts at the date of the execution of this decision. Prior to the use of said tennis
Court owner must obtain a temporary Certificate of Occupancy.
5. During this period the present fee owner of this property must commence construction of a single
family dwelling and obtain a certificate of occupancy, at which time, the Building Inspector can issue
a permanent certificate of occupancy for the tennis court. If the fee owner chooses not to construct a
conforming dwelling within this period, the fee owner must remove the tennis court and place the
property back to its original before construction
6. If for any reason the fee owner/applicant sells the property or upon his demise, his inheritants must
remove the tennis court within sixty (60) days of the termination date certain which is November 30,
2021.
7. If the tennis court is not removed by January 31, 2022, the Town of Southold Highway Department
can enter the parcel for the sole purpose of demolition of the tennis court. The Town of Southold may
charge the fee owner a sum of twice the actual cost of removal. The fee cannot exceed the total
amount of $36,000.00 for the removal of the tennis court, the fencing and any other charges the Town
may incur. This fee charge will be placed upon the title of this vacant parcel as a lien. The
commencement of the removal will occur no later than two (2) weeks after a written or verbal refusal
to remove.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
Before anl}lvin~, fur a building permit, the applicant or agent must submit to the Board of Appeals for
approval and filing, two sets of the final siteplan and landscape plan conforming to the relief granted herein
and reflecting the conditions/Covenants and Restrictions required in this decision, and two sets of the
approved and filed Covenants and Restrietinns. The ZBA will forward one set of approved, stamped
drawings and filed Covenants and Restrictions 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.
Page 4- June 10, 2010
ZBA File#6359 -Jay P. Mandelbaum
CTM: 1000-70-13-20.15
Vote of the Board: Ayes: Members Goehringer, Dinizio, Weisman (Chairperson), Schneider.
(Absent was: Member Horning) This Resolution was duly adopted (4-0).
es le Kanes We~sman Ch~iro :rson
Approved for filing ~ /~/2010
Town of Southold ..
Erosion, Sedimentation & Storm.Water Run-off A-~SSMENT FOR...
~rCKI T LOCATION. $,C.T JL i~ TH~ FOU.OWING ACTIONS MAY REQUIRE TKIE 8UBM~ _~_ ! _~.~. OF A
1000 70 13 20.15 8~'~----'~'- --~, r~ GRADI N~ D~AmNAr~ AND EROSION CONi1(OL pLAN
DIwld S~Ion B~ LM GG"'" "rul~u BY A GE~iG~i P~G~o~Gi~L IN 'ME STATE OF NEW YORK.
bm Number: (NOTE: ^ Cheol( Mark (~) [or ead~ Qnestlm is Required for s Complete Apl~caUon)
Yes No
1 Wifl ~is Projest Retain All Storm-Water Run-Off Generated by a Two (2") Inch Rainfall
(This Item Mil include all nm-off created by Mta ck~aring and/or asf,.struc~on activWas as v~ll
Impmvemente arid the pemmnent cmatio~ of ~ sun%ces,)
2 Does the Site Plan am:l/or Suwey Show AJI Pmpceed Dmlnage 8thx:~uras thdlca~ng Size & Locstlo~?
This Item shall include all Pmpceed Grade C~ar~les ami Slopes Cxmlroling 8uriace WeterFIowi
3 WIll this Pr°jeer ~ any Land Fing' Otedlng or Excava~°a Wi~am them is a change t° the Nalural
Existing Grade Involving more than 200 Cubic Yards d Mateda~ withh 8ny
4 W'dl this Application Require La~d Distud~g Al~rillas Encompassfng an Area in Excass of
Five Thousand (5,000) Square Feet of Ground ~udace?
5 Is them a Natural Wstef Course Rumllng through the Site?
Is this Project within the Trustees judedicliofl of within Ofle Handred (100') feel of a We~and or Beach?
6 Will there be Site preparation on Exls§ng Grade Slopes which Exoasd Faleen (15) feet of Vertical Rise lo
One Hundred (100') of Horizontal Distance?
7 will Driveways, Paridag Areas (x other Impe~4ous Butanes be SIofled te Direct Stom~-Watar RunOff
into andlor in the direclio, of a Town ~ght.of-way?
8 will this Project Require the Placement of Material; Removal of Vegetation and/of the Consitucffo~ of
any Rem W'~h in the Town Right-of-Way or R°ad Shoulder Area?
(this item will NOT Include the Installation of Ddvew~y Aprons.)
9 Will this Proiec~ Require Site Prepa[aL~on within the One Hundred (100) Year Floodplain of any Watercourse?
NOTE: If Any Answer to Questions One through Nine is Answered with a Cheek Mef~ th the Box, a Storm-Water, Grading,
Drainage & Erosion Control plan is Required and Mast be Bubmllted for Review Prior to tasuanee of Any Building Permlfl
EXEMPTION:
No~e: ff You Answered Yes to this Questlan, a StorniJNater, Grading, DrMn~go & Erosion Control Plan is NOT Requiredl
Yes No
STATE OF NEW YORK,
COUNTY OF ...S...U..F..F.O.~g. ................... SS
ThatI, Harvey A. Arnoff ,~_. ~ .
........................................................................ ~ (zmy s~m, acposcs aaa says mat he,/sh~ is r~e aDplicaat For Peri.it,
And mat he/she is the .......... A_9.e..n_ ~./..~.~ ~....o.~..n. ,e..¥. ....................................
Owner and/or represealafve of the Owner d Owner's, and is duly authorized to perform or have performed the said ~s~rk and to
m~e aad file this application; that ~11 smtemeals contained in this application are true to the best of his knowledge and beli~ and
that the work will be performed in the rna~er set forth in the application filed herewith.
Sworn to before me this;
......................... ....... .............. ,0. q
.........
Ha r ye; '"~:~~ .......................
Notary Public, Sta~e of New York
...N, o; 01RE47~t8016
uualified in Suffo k County ~/3
Commission Ex~ire_q.b,lv_'.H ~-- t
~AY 19 2011
~I DG OEPL
TOW/~] OF SOUTHOL~
HARVEY A. ARNOFF
Attorney At Law
206 Roanoke Avenue, Riverhead, NY 11901-2794
(631) 727-3904
Harvey A. Arnoff
Paul K. Siepmann
Lindsey M. Albinski
Paralegal
Colleen Grattan-Arnofl; R.N., LNC
Fax No.: (631) 727-3940*
*Not for service of legal papers
e-mail: harnoff@arno fltaw, com
Of Counsel
George E Biondo
Richard A. Hammer
Thomas G. Nolan
JanuaW 5,2011
Mr. and Mrs. Jay Mandelbaum
1107 Fifth Avenue, #7N
New York, New York 10128
RE: Building Permit Application
920 Kimberly Lane, Southold, New York
Dear Mr. and Mrs. Mandelbaum:
Enclosed herewith, please find a certified copy of the Declaration of Covenants and
Restrictions recorded with the Suffolk County Clerk on January 5, 2011in Liber 12647 at
page 782. Another certified copy has been sent to the Southold Zoning Board of Appeals
under separate cover.
You may now file your building permit application with the Town Building
Department.
If you should have any questions, please do not hesitate to contact me.
Very truly yogrs,
., ),
Paul K. Siepmann
PKS:dr
Enclosure
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
CC#: C11-561
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
DECLARATION
recorded in my office on01/05/2011 under Liber D00012647 and Page 782 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 01/05/2011
SUFFOLK COUNTY CLERK
JUDITH A. PASC^LE
MAY
BLDG. DEPT,
TOWN OF SOUIHOLD
SEAL
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
N,~ber of Pages: 11
Receipt Number : 11-0001590
District:
1000
Recorded:
At:
Ol/O5/2Oll
03:11:33 PM
Page/Filing
COE
TP-584
Cert.Copies
Received the Following Fees For Above Instrument
Exempt
Exempt
$55.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$14.30 NO RPT $30.00 NO
Fees Paid $139.30
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
LIBER: D00012647
PAGE: 782
Section: Block: Lot:
070.00 13.00 020.015
EXAMINED AND CHARGED AS FOLLOWS
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Page / Filing Fee
Handling
5-67
20. 00
Deed / Mortgage Tax Stamp
FEES
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S .A.
Comm. of Ed.
AfiSdavit
Certified Copy )(~,O
NYS Surcharge
Other
4 [ Dist. ~
Real Propert: '/~
Tax Service (N LW, ~')
Agency x,,20-DEC-IO/
Verification ~
5. O0
15. 00 SubTotal_ ~O¢ & '
GrandTotal /3q-~(') ' '~t
1000 07000 1300 020015
6
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add,
TOT. MTG. TAX _
Dual Town __ Dual County__
Held fbr 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 i Community Preservation Fund
Consideration Amount $
CPF' Tax Due $
hnproved
Vacant Land
TD
TD
TD
~A-5217 (State)
R.RT.S.A.
Comm. of Ed.
Affidavit
Ce.ified Co.y '
NYS Surcharge
Other
.J
5. 00
15. 00
Sub Total
Grand Total
/3c/-
4 Dist.
Real Propert
Tax Service
Agency
Verification
1000 07000 1300 020015
8
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Mail to: Judith A. Pascalo, Su~olk County Clerk
310 Center Drive, Nivorhoad, NY ~1901
www. suffolkcountyny. 9ov/clerk
Iii1. Mlhi, lAX
Dual Town __ Dual County__
Held for Appointment
Transfbr 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.
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Title #
Improved
Vacant Land
TD
TD
TD
Title Company Information
Suffolk County Recording & Endorsement Page
made by:
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
This page forms part of the attached
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)
!MPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *~
contact our local Town Tax Receiver so that u m be billed direc fo I future ro er tax
statem______ents.
Local property taxes are payable twice a year: on or before January 10~h and on or before May 31'~.
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst, N.Y. 11757
(631) 957-3004
Brookhaven Town Receiver of Taxes
One Independence Hill
Farmingville, N.Y. 11738
(631) 451-9009
East Hampton Town Receiver of Taxes
300 Pantlgo Place
East Hampton, N.Y. 11937
(631) 324-2770
Huntington Town Receiver of Taxes
100 Main Street
Huntington, N.Y. 11743
(631) 351-3217
Islip Town Receiver of Taxes
40 Nassau Avenue
lslip, N.Y. 11751
(631) 224-5580
Riverhead Town Receiver of Taxes
200 Howell Avenue
Riverhead, N.Y. 11901
(631) 727-3200
Shelter Island Town Receiver of Taxes
Shelter Island Town Hall
Shelter Island, N.Y. 11964
(631) 749~3338
Smithtown Town Receiver of Taxes
99 West Main Street
Smlthtown, N.Y. 11787
(631) 360-7610
Southampton Town Receiver of Taxes
116 Hampton Road
Southampton, N.Y. 11968
(631) 283-6514
Southold Town Receiver of Taxes
53095 Main Street
Southold, N.Y. 11971
(631) 765-1803
Sincerely,
Judith A. Pascale
Suffolk County Clerk
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made this /L~day of '%(-~ (-,J; r~%b.¢r~ , 2010,
by Jay P. Mandelbaum and Lauren B. Gordon, residing at 1107 5th Avenue, No. 7N, New
York, New York 10128, hereinafter referred to "Declarants",
WlTNESSETH:
WHEREAS, Declarants are the owners of certain real property located at 920
Kimberly Lane, Town of Southold, County of Suffolk, State of New York, described in the
Suffolk County Tax Map as District 1000, Section 70, Block 13, Lot 20.15, which is more
particularly bounded and described as set forth in Schedule "A' annexed hereto, hereinafter
referred to the "Property";
WHEREAS, the Declarants made an application to the Zoning Board of
Appeals for a Variance under Sections 280-13 and 280-105a to build a tennis court on a
vacant lot (without a principal dwelling) and a tennis court fence that exceeds the code limit
of four (4) feet in height, and a public hearing on the application was held on March 25,2010
and May 20, 2010, at which time the Board received written and oral evidence;
WHEREAS, in a decision dated June 14, 2010, based upon all testimony,
documentation, personal inspection of the Property, and other evidence, the Zoning Board of
Appeals granted relief for a proposed tennis court as indicated on the landscape plan
prepared by Lisa Bynon Garden Design, received by the Zoning Board of Appeals on May
14, 2010 and site plan prepared September 15, 2009, revised February 24, 2010,
by Samuels and Steelman Architects, a reduced copy of each is attached hereto as
Schedule "B":
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, and said Zoning Board of Appeals
has required that the within Declaration be filed in the Suffolk County Clerk's Office; and
WHEREAS, the Declarants have considered the foregoing and has determined
that same will be for the best interests of the Declarants and subsequent owners of the
Property.
NOW, THEREFORE, THIS DECLARATION WlTNESSETH:
That the Declarants, for the purposes of carrying out the intentions above
expressed, does hereby make known, admit, publish, covenant and agree that the said
premises herein described shall hereafter be subject to the Covenants and Restrictions as
herein cited, which shall run with the land and shall be binding upon all purchasers and holders
of said lots, their heirs, executors, legal representatives, distributees, successors and assigns
to wit:
CONDITIONS OF APPROVAL:
1. The aforementioned approval is limited to the construction of an unlit
tennis court on the subject Property.
2. The Variance granted for the fence, used in conjunction with the tennis
court, requires a black, chain link fence, which is not to exceed six and one half feet (6-1/2~')~
...._
in height.
-2-
3. The tennis court shall be screened from view along both North Bayview
Road and Roxanne Road by continuously maintained plantings, whose minimum height shall
be eight feet (8;).
4.
14, 2010.
5.
The period of use began on the date the decision was executed, June
The owners must obtain a Temporary Certificate of Occupancy prior to
the use of said tennis court in accordance with the decision of the Zoning Board of Appeals
dated June 14, 2010
6. During the period of the Temporary Certificate of Occupancy, the present
fee owner of this Property must commence construction of a single family dwelling and obtain
a Certificate of Occupancy. At which time, the Building Inspector can issue a permanent
Certificate of Occupancy for the tennis court. If the fee owner chooses not to construct a
conforming dwelling by November 30, 2021, the fee owner must remove the tennis court and
place the Property back to its original condition.
7. If, for any reason, the fee owner sells the Property, or upon his demise,
his inheritants must remove the tennis court within sixty (60) days of the termination date
certain, which is November 30, 2021.
8. If the tennis court is not removed by January 31, 2022, the Town of
Southold Highway Department can enter the Property for the sole purpose of the demolition
of the tennis court. The Town of Southold may charge the fee owner the sum of twice the
actual cost of removal. The fee cannot exceed the total amount of Thirty Six Thousand Dollars
and 00! 100 ($36,000.00) for the removal of the tennis court, the fence and any other charges
-3-
that the Town may incur. This fee charged will placed upon the title of this vacant lot as a lien.
The commencement of the removal will occur no later than two (2) weeks after the written or
verbal refusal to remove.
THE FOREGOING Covenants and Restrictions shall run with the land and shall
be binding on the Declarants, their heirs, assigns, 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 Property.
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 affect the validity of these
Covenants as a whole, orany other part or provision hereof, other than the par[ so adjudged
to be illegal, invalid or unconstitutional.
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 th is covenant, nor to impose any
liability whatsoever upon the Town of Southold or any office or employee thereof.
The within Covenants and R~strictions shall run with the land and shall be
binding upon the Declarants and their 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 Property 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 Declarants have duly executed this Declaration
the day and year first above written.
STATE OF NEW YORK )
)SS.
COUNTY OF ~.,1 r~.~.~ )
(.. ) J~y.P. Mande~lba/um ,
,-'t),
LLa~B~ I~. ~3ordon "' ~
On the LL~ day of '~(¢-m Jeer'"- , in the year 2010, before me the
undersigned, a Notar~ Public in and for said State, personally appeared Jay P.
Mandelbaum, personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity, and that by his signature on the instrument, the
individual or the persons on behalf of which the individual acted, executed the instrument.
STATE OF NEW YORK ) J~¢Lmor}o~,N~-LL
COUN~ OF I' ~ ) Quai ed r, iqn~s Courty
Commrss ot~ Expires May 4, 20~
On the ~ day of ~(~m )~ ~ , in the year 2010, before me the
undersigned, a Notaw Public in and for said State, personally appeared Lauren B. Gordon,
personally known to me or proved to me on the basis of satisfacto~ evidence to be the
individual whose name is subscribed to t~ within instrument and acknowledged to me that
she executed the same in her capacity, and that by her signature on the instrument, the
individual or the persons on behalf of which the individual acted, executed the instrument.
Notary Public
Dist:
1000
Sec~
070.00
Block:
13.00
Lot:
020.015
ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, known and designated
as Lot No. 15 on a certain map entitled, "Map of Paradise by the Bay" and filed in the Office
of the Clerk of the County of Suffolk on November 4,1976 as Map No. 6463.
Being and intended to be the same premises conveyed to the party of the first pan herein by
deed dated 7/1/99 from Joseph Comacchia, as Trustee, to be recorded simultaneously
herewith.
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold. New York 11971-0959
August8,2011
~l~Mandelbaum
825 Kimberly Lane
Southold, NY 11971
BUILDING DEPARTMENT
TOWN OF SOUTI-IOLD
& kauren Gordon
Telephone (631 ) 765-1802
Fax (631) 765-9502
Re: 920 Kimberly Lane, Southold
TWO WHOM IT MAY CONCERN:
The F.~Uowing Items Are Needed To Complete Your Certificate of Occupancy:
Application for Certificate of Occupancy. (Enclosed)
Electrical Underwriters Certificate.
A fee of 50.00.
Final Health Department Approval.
Plumbers Solder Certificate. (All permits involving plumbing after 4/1/84)
__ Trustees Certificate of Compliance. (Town Trustees #765-1892)
Final Planning Board Approval.
__ Final Fire Inspection from Fire Marshall.
__ Final Landmark Preservation approval.
BUILDING PERMIT · 36434- Tennis Court
199 CHURCH STREET, NEW YORK, N.Y. 10007-1100
Phone: (888) 997-3863
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
112319295
CENTURY TENNISINC
C/O MICHAEL HEALION
56 BROOK AVE
DEER PARK NY
11729
~OLICYHOLDER
CENTURY TENNIS INC
C/O MICHAEL HEALION
56 BROOK AVE
DEER PARK NY 11729
POLICY NUMBER CERTIFICATE NUMBER
Z 1302 850-1 547556
CERTIFICATE HOLDER
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD NY 11971
PERIOD COVERED BY THIS CERTIFICATE · DAT~
i 01/01/2011 TO 01/01/2012 [ 5/17/2011
THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE NEW YORK STATE INSURANCE
FUND UNDER POLICY NO. 1302 850-1 UNTIL 01101/2012, COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER
FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORKERS' COMPENSATION LAW WITH RESPECT TO ALL
OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW, AND, WITH RESPECT TO OPERATIONS
OUTSIDE OF NEW YORK, TO THE POLICYHOLDER'S REGULAR NEW YORK STATE EMPLOYEES ONLY.
IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 01/01/2012 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE,
10 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE.
NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THE NEW
YORK STATE INSURANCE FUND DOES NOT ASSUME ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS NOR INSURANCE
COVERAGE UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE POLICY.
U-26.3
NEW YORK STATE INSURANCE FUND
DIRECTOR,INSURANCE FUND UNDERWRITING
This certificate can be validated on our web site at https:/~vww.nysif, com/cert/certval.asp or by calling (888) 875-5790
VALIDATION NUMBER: 584732360
0§/18/2011 23:23 FAX ~002/002
CERTIFICATE OF LIABILITY INSURANCE
THIS Cr.~,'srsCAT~ IS ~U~ ~ A ~ER ~ I~T~N ONLY AND ~ NO ~ U~N ~ CE~ HO~E~
~A~ ~ P~UCE~ AND ~E CE~R~ HOLDER.
~)vi:iiAGE5 (~I=KI]PICATE NUMBER JM, mt.~ = 2010-11 REVISION HuM~:R:
THIS IS TO ~CH,IPT THAT THE POLICI F CE LISTED BELOW HAVE SEEN ISSUED TO 1HE INSURFD NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, No'r~FrHSTANDING ANY REOUIREMENT, TE~M OR CON0111ON OF ANY CON~RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
CERllFICAT~ MAY BE ISSUED OR M~y PERT~JN. THE INSURANCI~ AFFORDED BY ~IE POLICIES DESCRIBED HEREIN IE SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONOI'~IONS OF SUCH FOLIC~ES. LJMI~ SHCW~N MAY HAV~ EEEN REDUCED BY PAID CLAIMS.
LMBILITY :O*q/91~G~e )8/04/2010 08/04/2011 E~CH OCCURREI,~-~E
x
I
~ Con~-=mo~'~c'L.~L-t'' PG RS 01~1. & ~Ov t N.JURY s '1 ,0~)0, OOO
G~L AOGR~G~'~ I .2;000,000
"
~.~K~PtCATE HOLDER
?he ?ov~ of 3outhold
~.0. Box 1179
Bo~'(:.hoZd, ~q~ 11791
beer~ i~ duty ~
by the CO~lnty of Su~olk
SUFFOLK ,5.OUNTY DEPARTk. i~j~T
OF CONSUMER AF F.N~S
HOME IMPROVEMENT
CONTRACTOR
L~CENSE
MICHAEL J HEALION
12683-H o8/o~/lsae
~'~'"~ ~'*'~ 08/01/2011
RoXANNE ROAD
SURVEY OF
PR OPER T Y
A T SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000 - ?0 - 13 - 20.15
Sca/e I" = 40'
Nov. 7, 198'8
EXISTING WATER M~N
NORTH BAYV[ER (VAR. WIDTH)
P
VAC~.NT
ROXAIqNE (~o') ROAD
DWELL
SITE PLAN
SITE DATA
LOCATION MAP
EXISTING
TREES (TYPICAL)
AREA TO REMAIN IN IT'S NATURAL
NO ACCESS FROM PINE NECK ROAD
AND BAYVIEW AVENUE
EXISTING PINE
TREES (TYPICAL)
TENNIS COURT
PROPOSED FUTURE
DWELLING
(SEPARATE APPLICATION)
LOT 4
SITE PLAN
SCALE= 1 "=20'
DWELLING
1-5/8" SS40
APPROVED 24" SLAB
FINISHED GRADE
TOP OF RINGS REFERS TO THrS
POINT (SEE SANITARY SYSTEM
PROFILE)
INLET PIPE (REFER TO
PLAN FOR SIZE) PITCHED
I?8"?FT MIN.
BOTTOM OF RINGS REFERS
TO THIS POINT (SEE
SYSTEM PROFILE)
VIRGIN SOIL
CLEAN SAND AND GRAVEL
-- 8" CONC. TOP TO
SUPPORT H-20 VEHICULAR
LOADING 400D PSI @ 28
DAYS
HN SOIL
2-1/2" TERMINAL POSTS
2-1/2" LINE POSTS SS40
10'-0" CENTERS
1-5/8" SS40 BRACING
LEACHING P00][,
NTS
RAINFALL CALCULATIONS BASED ON 5" RAINFALL
6,600 x
PROVIDE
.25=1,100/68.42=16.1
(2) 10'¢ x 8'-0" EFFECTIVE DEPTH
CONCRETE FOOTING
3' DEEP x 12" WIDE
COURT SURFACE
COARSE AGGREGATE
(ORAVEL)
LAWN AR~A (TYP.)
(SLOPED TO DRAIN)
EARTH
6" PREFORATED DRAIN PI]?E
grRAPPED WITH FILTER CLOTH
AND SLOPED FOR DRAINAGE
FENCE DETAIl,
NTS
TRENCH DRAIN
NTS
dote description by
125 WEST ISLIP RD.
WEST ISLIP, NEW YORK 11795
TEL: 651-482-1514
FAX: 631-482-1315
www.tjpirklorchitects.com
THOMAS JOSEPH PIRKL, A.I.A.
ARCHITECT
These plons ore on instrument of service ond ore the
property of the Architect. Infringements will be
prosecuted to the fullest extent of the Iow. Controctor
shod verify oll field conditions ond dimensions ond be
sorely responsible for field fit, quolity, ond quontity of
work. The Architect ossumes no liobility for ommissions
due to unknown or unforseen field conditions ond/ or
odditions hosed on comments from governing ogencies,
Project
Mandelbaum Residence
TENNIS COURTS
Sou~hold, NY
Drawing
SITE PLAN
Scale 1"=20'
Drown By CWG
Dote 05/17/11 Checked By T,J.P.
Project# 00-000 Sheet 1 of 1
Drawing#