Loading...
HomeMy WebLinkAbout9648-Z 1~0~ NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 9648 Permission is hereby granted to: ..T....,~/..&.~/~ ....... /..(,c..~../,~.5. .............................. ...~i~ ........ .~.~.d.t' ......... ..s..~.~.~.~ ............... at premises located at ....................................... J. ....... .~'...1 ...... ~ ....... ~,,.~) ................... ~.~t ..................... pursuant to application dated ................................. ..~.!.~.:.~. ...... .~.~., 19,~.,~..., and approved by the Building Inspector. .Fee $.......~:...~. ........... Building Inspector FOBItS NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. ¥. ................ :.....7 .............................. . ~proved 19~Permit No ~ ~7 Disapproved o/c ............. ' ............ ~ .............................................................. {SuildinO In~p~tor) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 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 o~ areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. 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 permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of o 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 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 authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ............. .~...~.....~......~ If appli~duly authorized officer. (Name and title of cop;~e office'S) ..... Builders License No .................... ..~.....~... ....................... Plumber's License No. -- Electrician's License No ............................................. Other Trade's License No ............................................... 1. Location of land on which p~roposed work will be done. Map No.: ..~...~..~...~.. Lot No ......................... .........r,_ ~ c'%,~ ~....~....~, ........ __ ..~.~.~ , :~ ................................... Street and Number Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy.. ~ O~ J~ property lines. Gi~e street and block number or description according to deed, whether interior or co~ner 3. Nature of work (check which applicable): New Building. ................. Addition ...... ~.. Alteration .............. Repair .................. Removal .................. Demolition .................... Other Work ................................................ . (Description) 4. Estimated Cost ~O .~....O. ...........................Fee .......................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ........................... If garage, number of cars ................................................................................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ........... ..~....~. ........ Rear ....... ..~.....~.. ................ Depth .... ~....~.. ...... Height ...... ./...~.. ........... Number of Stories ...... /.. ..................................................................................................... Dimensions of same structure with alterations or additions: Front .......... ~....O...:. ................ Rear ..~..~'..O.. ....... Depth ..~,.../'~.. ..................... Height .~..~.~ .................. Number of Stories ......... ./.. .................... 8. Dimension,s of entire new construction: Front .../..~..n....~.~ ............. Rear ...l.~.*.....~.~.. ......... Depth ...~...~/.n../..:~. ..... Height .... ]....~ ......... Number of Stories ........ /. ................................................................................................ 9. Size of lot: Front . .~...~..-~ .... Rear Depth / ~-~-~;..--..~r ............. Nome ........................................................................ 10. Date of Purchase ........................................................ of Former Owner ........................................................ 11. Zone or use district in which premises are situated ..................................................................................................... 12 Does proposed construction violate any zoning law, ordinance or regulation: ........................................................ I3. Will lot be regraded ...~ .............. Will excess fill be removed from premises: ('ll~Yes (J~ No 14. Narrle of Owner of premises .....~......~....~ ............. Address ..~.. Phon~ No ....................... Name of Architect ............................. (~ ........... Address ................................Phone No ....................... k~ ~b~om~ of Contractor '''~'''~....~,~~.....~'~''~ ..... Address .~.-~..~..~.~.. Phone No.~.¢2.. ,~.:.~'~.?,..~. PLOT DIAGRAM Locate dearly and distinctly all buildings, whether existing or proposed, and indicate ail set-back dimensions from and show street names and indicate STATE OF NEW YORK, t c c ................................(~1 '~'~"~n~'' ' ' ................................ contracf) being duly sworn, de~oses, and says that he is the opplicam above named. He is the ................. ~ .......................................................................................................................... (Contractor, agent, 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 tk~is application are true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworo~tc~before me this ...... day of ...................... , Notary P~blic, . ......... ~, ....................................... County ................. ~ .......... l-'.'% ........................ ~// /' ) (Signature of appli~ I, iOTAR~/~J~L~c. State of New York . WlCKHAM, WICKHAM & BRESSLER, P.c. July 5, 1978 Mr. George H. Fisher Building Inspector T~n of Southold Building Department Town Clerk's Office Southold, N.Y. 11971 B~: Salt Lake Village Association-Strong's Marina, Mattituck, N.Y. Dear Mr. Fisher: We are the attorneys for the Salt Lake Village Association and are writing you cencerning the recent construction at Strong's Marina in Mathituck. It is our anderstanding that work was cen~mnced cn the new warehouse~ pursuant to Permit No. 9648 Z issued by your department. ~he subject property is locab~d in an "A" Agricultural and N-=sidential Zone and, as such, may not be improved by this type of structure with- out the approval of the Zc~ing Board of Appeals (Secs. 100-30 (B) (5) and 100-141 (d). We not~ that answers to Questic~s 11 and 12 c~ the application for a building permit were not s~pplied by the applicant, which answers would have alerted you to the situation. ~he owner of the subject parcel has tried unsuccessfully to obtain such a variance from the Zoning Board in a previous application denied on February 10, 1966. Pursuant to Sections 100-141, 142, 143, 144 and 146, we r~Jst insist that (1) the building permit issued, No. 9648 Z, be revoked and be cDnsidered of no force and effect, (2) that a stop order be issued, (3) that no certificat~ of occupancy be issued for the structure, and (4) that the illegal structure be remDved. Kindly let us hear from you at your earliest convenience as to what stops will be taken to rectify this situation. Very truly yours, Eri~J~. B~sl~fL~/ TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 July 24, 1978 Mr. David S. Strong Camp Mineola Road Mattituck, New York 11952 Dear Mr. Strong, The building permit # 9648Zissued to you on March 29, 1978 is hereby revoked. This building permit was issued in error and should not have been issued. The reason being, David S. Strong was granted by the Zoning Board of Appeals (Appeal # 825) several things and number 1-c of their decision applies and I quote "No building permit may henceforth be issued for additional construction o£ any kind related to marina use on this property without the specific authorization of the Board of Appeals in writing." A STOP ORDER is issued that no further work or use of this building is to be made. That everything done under this permit is to be returned to the existing condition prior to March 29, 1978 unless otherwise authorized by the Board of Appeals. Yours truly, GEORGE H. FISHER Senior Building Inspector xc: Eric J. Bressler 516 784-§100 August 7, 1978 George H. Fisher Senior Building Inspector Office of Building Inspector Town Hall Southold, New York 11971 Re'. pa~ Dear ~. Fisher: We have reviewed your letter of July 24, 1978 addressed to David S. Strong. In behalf of our client, we would request that you promptly foward to the undersigned a copy of Appeal Number 825 setting forth therein the paragraph quoted under Item Number Thanking you for your immediate attention and reply. '/ ,i I / /// ~ :, )> ~ ._ ~til ~ ..,* .TOV,~ o~ ~o . ' D^~ ..,]:~.:~....~o ' / ~ "~ -'~'~ ACTION OF THE ZON~G BOAED OF APPEALS ~ ~ '~ 0n Bo~d's Motion- 5/27/71 App~No. 126, P~ter ~eh, Jr.; Dated R~tG 6/17/71 App~ml No. 237, Pc.tot ~eh, Jr.; Appeal No. 825, David ~. Stror~ AC~ON OF TH~ ZONING BOARD OF A~PEALS OF THE TOWN OF SOUTHO~ To D~V~.d S. ~'~roIl~ Appenant Camp Mlneola Road 2,L~ttituck, New York at a meeting'of the.Zoning Board of Appeals on JIAly 8, 1971 was considered and the action indicated below was taken on your (~ ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for ~ variance to the Zoning Ordinance ( ) the appeal 1971 1. SPF-~IAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ' ) bE denied pursuant to .~ticle .................... Section .................... Subsection .................... paragraph ................... of the Zoning Ordinance and the decision if the Building Inspector ( ) be reversed. ( ) be confirmecI because ... SEE RE vr~-u.~E 2. VAI1L~NCE. By resolution of the Board it was determined that (a) S~il.'t lippllcatian of the Ordinance (would) (would not) produce practical difficulties'· or urmece~-~ry (b) The hardship created tis) (is not) unique and (would) (would not) be shared by ifil properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The var~nce (does) (does not) observe the spirit of the Ordinance and (~vould) change the character of the d/strict because (would not) ~ RE~"qSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous declsiorm of the Building Inspector ( ) be corffirmed ( ) be reversed. ) be denied and FORM Z~4 ZONING BOARD OF APPEALS · ,.~/,. ~ f, :/~k ,-~-, ~ ~ ,22: MarJo~ie McDermott. ~oc~ot~y ~outhold Tm~ Bo~d of Appeals STRONG I~Ri~A: Rehe'a~ing on 1958, 1959 an~ .1966 Actions. By investigation and public hearing the Board determined the following facts pertinent to the decision: A rehea~ing concerning the STRONG ~I~RINA, James Creek, F~ttituck, New York, was held partly because of misunderstanding of former actions and in order to make clear precisely what activities may be permitted in the conduct of the marina business, in view of the gro~h of boating and residential construction in the area. The Board notes the complaint addressed to the Supervisor of the Town of Southold by the Salt Lake Village Association, Inc. Neither the Town Board or the Board of Appeals are enforcing agents of the Zoning Ordinance. This function is performed by the Building Inspector. Other questions posed by the Salt Lake Association concern. advertising and building permits. The Board of Appeals does not control the advertising of the Strong Marina. At the time the second accessory building was constructed, approximately 1960, a building permit was not required for accessory buildings. This was discussed with Peter Etch, Jr., (previous owner), and noted in the minutes of October 27, 1960. It is pertinent here to review briefly the history of this marina. A small ms, ina-type use existed at this location prior to the passage of the Zoning Ordinance in 1957. This was expanded with ancillary facilities in 1958 and 1959. In 1966 a large struot~e for the storage of boats was denied, an action which was supported in the higher cou~ts. Nearby marinas are several miles distant, and the need for this facility has been demonstrated by frequent rescue operations as a result of calls from the Bay Constable. The marina is regarded as being unusually adequate in size and is well protected from ordinary weather and tide conditions. A long time policy of the Town of Southold has been to encomrage summer visitors and leisure activities, a policy whose importance to the Town has been documented over the years by studies conducted by Raymond & ~y (zoning consultants), Cornell University, and the Suffolk County Planning Department, among others. The policy was recognized in the original Zoning Ordinance of 1957 by permitting the conduct of a m~ina business in the A Residential and Agricultural Zone by Special Exception of the Board of Appeals, subject to the guidance criteria set forth in the Ordinance concerning actions of the Board of Appeals. It should also be pointed out that a Board of Appeals,e~powered to grant Special Exceptions is required to grant a special exception where the applicant can reasonably be Judged as havin met th~ standards required for such exceptions, g At the ~ublic hearing which was well attended by an estimated 60 to 75 persons, concern was expressed by some individuals regarding the extent of ~business and co~ercial activity" while others indicated objection to the storage of boats. Many others indicated substantial approval of the manner in which the marina has been conducted, and several hundred Mattituck residents signed a petition indicating their approvel. In the opinion of the Board the p~inclpal question which has been rai~ed Concerns whether or tot the Strong Marina now has the right to store boats on marina land when not moored in marina waters. The Board denied permission to construct a storage building in 1966, a prohibition which was upheld in higher courts. However,-t~'e Board believes that a special exception granting permission for a marina involving the mooring of boats in the waters of the w-~ina c~vrfes with it the right to accomodate these boats by safeguarding and storiug them on marina land, unless a condition has been imposed in the granting of the special exception which prohibits such a use. F~ny boat o~rners do not have adequate space on their own property. No such condition was imposed either in 1958 or 1959. The word fq~ina~ is defined in the ordinance in effect in 1958 & 1959 as .follows, under Article l, Section 100, subsection piers, .wharves, docks, bulkheaus, DUI-sings, S--~pu, u~S~o or.land under water designed, used or intended to be used primarily for the decking moori~ or accomodation of boats for compensation, whether compensation is paid directly or indirectly." Boats have always been stored on the lands adjoining Long Island waters, and boats are currently stored throughout the Town on the residential property of ovrners. The Strong Marina acreage appears unusually adequate for storage purposes. Other services which have been performed for the users of the mamlna are regarded as minimal conveniences; these include fresh water, the sale of gasoline, motor and boat service, fishing tackle, bait, soft drinks and sandwiches from machines housed in the two small accessory buildings. The Board finds that the policy of the Town of Southold has been to encourage leisure activity; that the purpose of permittir~ a marina business by special exception in a residential zone iS to provide a boating facility for recreational use subject, however, to controls designed to encourage marine uses reasonably compatible with the surrounding use area. The Board interprets this to mean that a marina business may be so conducted under the original Ordinance together with a limited range of incidental but necessary services directly related to the accomodation of boats moored or stored in the marina. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. TMW~EFORE IT WAS RESOLVED David B. Strong, Camp Mineola Road, Mattituck, New York, be GRANTED permission as follows: 1. The original actions of the Board in 1958, 1959 and 1966' are reaffirmed and additional specific conditions are hereby imposed to clarify what is meant by ,accomodation cf boats~: A. Permission is hereby GRANTED for open storage of boats up to ~2 feet in length in the area between the newest accessory building and the recently constructed Strong residence. No boat sb-ll be stored closer than 25 feet to any property line, and the maximum occupancy of the marina shall not exceed 100 boats at any one time, whether boats are in or out of the water for safekeeping or other reasons. J. B. Permission is formally GRAL'TED for the following minor services to be furuished to users of the _~.-~lna: fresh water, sale of gasoline (already permitted), minor motor and boat repair, sale of fishing tackle, bait, and soft drinks and sandwiches from the old accessory building. Permission is specifically DENIED to operate a restaurant as defined by the Bosmd of Health. C. Ne building permit may henceforth be issued for additional construction of any kind related to marina use on this property without the specific authorization of the Boar~oF Appeals in w~iting .... 2. The Board reserves the right to review and evaluate al! uses which have been permitted te date in order te fn~u~e their co~patibility with the surroundiug use area under the reasoning set fo~h in this decision. Vote oF the Board: Ayes:~- Messrs: Gillisple, Bergen, Hulse, Grigonls. /. APPR~OVI:D ~S NOTED ~'- BY: NOTIFY BUILDING DEPARTMENT AT 765-2660 9AM to 4PM FOR REQUIR- ED INSPECTIONS: 1. BEFORE BACKFILL!NG FOUNDA- TiON OR STA~,T FRAMING 2. FRAMIHG INSPECTION 3. BEFORE COVERING P~ZS OF ANY KIND 4. FINAL WHEN JOB CGMPLETED NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS 5. ALL CONSTR~TION MUST ME~ REQUIREMENTS O~ N.Y. STATE CO~E AND TOWN HOUSING CO~ & ~;~;~G O.~. !