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�o,���ffOL-4 Iii'1 Town of Southold 10/20/2015 P.O.Box 1179 53095 Main Rd It47 , et Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 37843 Date: 10/20/2015 THIS CERTIFIES that the building DECK Location of Property: 1165 Old Harbor Rd,New Suffolk SCTM#: 473889 Sec/Block/Lot: 117.-3-8.4 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/29/2015 pursuant to which Building Permit No. 39945 dated 7/14/2015 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: ACCESSORY DECK AS APPLIED FOR The certificate is issued to Friemann S H QPRT&Friemann E M QPRT of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 'PLUMBERS CERTIFICATION DATED A A Signa ure , 6; Fat,r�Q�y - TOWN OF SOUTHOLD �� BUILDING DEPARTMENT TOWN CLERK'S OFFICE D 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#: 39945 Date: 7/14/2015 Permission is hereby granted to: Friemann S H QPRT & Friemann E M QPRT PO BOX 968 Cutchogue, NY 11935 To: Replace accessory deck as applied for with flood permit, as per ZBA and Trustees. Any work seaward of the 10' elevation line will need DEC approval. At premises located at: 1165 Old Harbor Rd, New Suffolk SCTM # 473889 , Sec/Block/Lot# 117.-3-8.4 Pursuant to application dated 6/29/2015 and approved by the Building Inspector. To expire on 1/12/2017. Fees: ACCESSORY $196.00 CO -ACCESSORY BUILDING $50.00 Flood Permit $100.00 Total: $346.00 Building nspector Form No.6 TOWN OF SOUTHOLD 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. Fornew building or new use: 1. Final survey of 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 of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building,multiple residences and similar buildings and installations,a certificate of Code Compliance from.architect or engineer responsible for the building. 6. Submit'Planning Board Approval of completed site plan requirements. 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 natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied,the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees I. Certificate of Occupancy-New dwelling$50.00,Additions to dwelling$50.00, Alterations to dwelling$50.00, Swimming pool$50.00,Accessory building$50.00,Additions to accessory building$50.00, Businesses$50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy-$.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy- Residential $15.00,Commercial $15.00 Date. Chq /5-- New Construction: Old or Pre-existing Building: (check one) Location of Property: //65- 0 CJ /-y/9/Lgrw2 /z % 911C4-1 Cd6pGle,/y1 r `'9& House No. Street / Hamlet Owner or Owners of Property: ,1yp&oft f Suffolk County Tax Map No 1000, Section /Bu-c, //'J ' Block 3' Lot y Subdivision Filed Map. Lot: Permit No. 3,--17/ 1 ) Date of Permit. Applicant: Health Dept.Approval: Underwriters Approval: Planning Board'Approval: Request for: Temporary Certificate Final Certificate: ✓(check one) Fee Submitted: $ 590 :plicant Signature c� 0", ��,,,,;i SOUii;- 'c- W ce ��ycDUPff'I,���' TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 iNftPECTION :. [ ST [ ] ROUGH PLUMBING 4ND [ ] INSULATION [ PING [ ] FINAL [ ] FIREPLACE-8c CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] CAULKING REMARKS: ____z_..,. i' , DATE INSPECTOR FIELD IlISPEG'T (}NEPOF�T D . " COUNTS... ..,,.. .,1.)i. .. r ., , , 71 N.C. 1.1 'OvND,A±xoN(1ST) • . ; • ( N FOiND TIQN( I5) •. • '.. . • - , . . . • ' ''"b;777''' '.9',/://*dirittO/9"1".41---- 1374 1V-1* ---.' ..Qii'li t,:: '//) " .60...." Cr.' . • dqic--:4/141 eile-c-asZ PI-)7 p/-'6- -e - ROUGH FRAM NQ& . . �. 0g PLUMBING •— -- . , . .• t- . • • til• INSULATION PE1.N.Y. - ; H . „ STATE ENERGX COSlE . . • . . . •' r . . . . .. , . . . . . . . . , . ...., .. • .. " . lei. „, :..anNIIIIIIIIIII,r'Zr' 4P, . ...„....... . , - .i._, . , .. .. . . . . .. . . . .... i ......... .. . „ . ., v_. . -.1),,,P',---t, -, . ______,..iz___,_ , ,, ANAL , . J • A x3 Ie"Tf.: i i `i:.; •,T5 _ •• • • —; f ; :del L'1Crt • . .. • . • ro 3o ' 1 m r ♦ ., • 2 I ' •IJP • ... A , i i . . . • , 0 . . . . . a I , . , ., ++. ti. t w.. TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health /117 SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval /u0 FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net , PERMIT NO. - Check Septic Form 410 N.Y.S.D.E.C. itit2 Trustees ES C.O. Application Flood Permit /1/0 Examined 20 ® E E Single&Separate Storm-Water Assessment Form A/O AY 2 8 2013 Contact: Approved ,20 Mail to: Disapproved a/c L._ BLDG DEPT. I TOWN OF SOUTHOLD / 9 Phone,516.`g6 TU6 y Expiration_ ,20 Building Inspector rwt APPLICATION FOR BUILDING PERMIT Date C/ .P-4 , 20 /3 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 whole 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 months. 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 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 building for necessary inspections. (S',nature of applicant or name, if a corporation) a A,)6 9f Co-Ta/(760A-/,/y, ii9.?S ---- - -- (Mailing address of applicant) - State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Oc-O Name of owner of premises $ 9 4/ IZL/2-4,171-7/-j 144 (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 of land on which proposed work will be done: //(vc ©cb i/ge8o' "0„.9-D 416 ) S,)�e-.e /'7 t-, /l9.c" House Number Street 1, '3019h4 �� ,apt,1 d yoS1 Q County Tax Map No. 1000 Section 1/`7 Block loteimiue thfitalaik0 Lot C?,- v� �',,t f. €114:u sti+x:1 nowatia1I Subdivision /al-0-c) Filed Map No. //7-3 Lot 2. State existing use and occupancy of premises and intended use and occ Taney of proposed construction: a. Existing use and occupancy oer q-c// #00.5',.._ /CftgAit,4- 1.c// /3 /3 b. Intended use and occupancy 8.S.4�/-/ Alias 6/ C S/9/✓/9 S 646' 3. Nature of work (check which applicable): New Building ' V Addition Alteration .- Repair Removal Demolition _ Other Work/ zAeZ" 5"7-0,€41 a.1,44,0., (Description).'save? 4. Estimated Cost . Fee u (To be paid on filing this app"9 5. If dwelling, number of dwelling units /VA Number dwelling twits on each floor N/i9 . If garage, number of cars /1//4 ;x w#t 6. If business, commercial or mixed occupancy, specify nature and extent of each tgof use. AI//9 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories / / , // 8. Dimensions of entire new construction: Front /l` Rear /1j Depth '7 01 Height /6--/ Number of Stories / 9. Size of lot: Front /O"c/- yO Rear R'3, bS' Depth 194, 3P 10. Date of Purchase /0/91✓ Name of Former Owner 6 /Z* -7 i ' /= cci 0'/5e14-,'-/ 11. Zone or use district in which premises are situated ,eb-5/./%,0?i 4L 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO /` 13. Will lot be re-graded? YES NOX Will excess fill be removed from premises? YES NO 1C f5A,,/, � ii k e ./ZrA g-r#/ At. PO SO)C q a' 14. Names of Owner o premises ' -'6 i c.ji-I Address e'v-Tc-rlrXa /..iyPhone No. -7.7(7,—ZPV- Name of Architect Address Phone No Name of ContractorS'S Cd9tis7ierx7/0') Address Phone No. .576— J/5 /7'7 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES >e 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 * IF 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 NO _--- * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) 54/11r,62-0 /-/. �2i9vvi/fti,o/ being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the e:"Gv.t7ce- /g6 -i . (Contra tor, 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 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 to befo - i P.e this d. of .ti %, 20 1-3 MER 1. 1 / r Public Ay 75 Yl�k ,, Not. Public Leall`ed in urtolk Coun S'gnature of Applicant Canunission Expires May 31,Za i TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALLBoard of Health SOUTHOLD, NY 11971 4 sets.of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-95029 tic Survey SoutholdTown.NorthFork.net PERMIT NO. `� r Check i Septic Form N.Y.S.D.E.C. Trustees ' C.O.Application Flood Permit Examined 7 J 1* ,20 1� Single&Separate Storm-Water Assessment Form Contact: Approved 7 1 1.J ,20 � Mail to: Disapproved a/c an -k, P L K._ (.f_p �'] j Phone: 617 9 d— 5D G y Expiration 1 / ,20 / _/ ' ��, �� � rJ .' sector , • 1 APPLICATION FOR BUILDING PERMIT Date .,//g, , 20 /S' `, ._,, —— CT • - INSTRUIONS • 1-0". )`11_,lii11_D a.' is app ica ion " r - se 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 adcording 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 willTssue a Building Permit to'tlie applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied`or,usedin whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire ifthe 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 Inspectounay authorize, in writing,the extension of the.permit for an addition six months. 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 removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,biiilding'code,housing code,and regulations,and'to admit authorized inspectors on premises and in building for necessary inspections. ' ' ' ... , .•. , . 1 t' (Sign re oof applicant r name,if a corporation) 0� ,e 96 ,b� h /v/ifg?r (Mailing address of applicant State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ce-,✓,41-2/L-0 iti 1 F /2 - // -v! - , /,6,74 -4"//-../ - ' " ' .(its 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 of land on which proposed work will be done: //o.s' oL) /541-72-170a. A) Na., .C-vv'aL,e / / '/ 1/9'-c---House Number- _ Street - Hamlet /" County Tax Map No. 1000 Section 7�lyv4:-,v4:-, til 71B1ocki>•'�+-Yt:t-3't `{+A;;f'•a Lot p,r _._. ,CC:,41t.li, :Ii i^,:z1 W.,11i0';:ii y!M,\:1 Subdivision /0-04z1 Filed Map No. /17 - ? Lot, e,y , . 2. State existing use arid odOuparicy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work(check which applicable):New Building Addition Alteration . . Repair - . Removal,:: Demolition Other Work ICE/49.4i' 5.7-0R-0-t a4,w',476./. (Description) /2€c/C 4. Estimated Cost Fee (To be paid ori 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 6f-use. . . 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories . , • „ Dimensions of same structure with alterations or-additions: Front Rear Depth Height ." ' ''' '- Number of Stories 8., Dimensions of entire new construction: Front , 'V-42 tl '- 4,ad:at.- ;•02:of 'Depth / 2. i Height, Number of Stories • , 9. Size of lot: Front req,/, ii -e', Rear 9,?,.°•!eiy, ," : Depth / 99. 31 ' 10. Date of Purchase' ' /0/9 2- Name of Former Owner ' '' A5:54-/z4g4777.-1 -/C: '' 4•0-fi-e-z-f-0A/ 11. Zone or use diStrict'iri'WhiOh i'3reinises-ate situdiea-''''-'''''Zig?)'15k;,.`: 12. Does proposed constinOtiOn,V.iol'afe:any ioniriglaw,_00inance or iegrilatiOn?YES ' :NO $1 g 1. 57‘.._ric6.14‘4,7 13. Will lot be re7gmded?;YES , : ,NO. X,.Will excess fill be removed frotri'premisesZYES -'NO?< •••:-g,...:„.:' ' , 14. Names of Owrierof premises';., .- - •y ;A., , , .,, -Address i,!,w •:, .-.. :d. ,• . •. Phone i\io., • , Name of ArchitecX ,. ' , .:.;.. , ,;.. ::., ,,.,,,zP,,!,5.',:! AddreSs,, fro. •;fin - l -•, I-1 •4; ,PhorieN6 - , • , Name ofContractor ,'• •• • • ''' ‘-`• - ' ,,‘Dn',AticlreSs'-'•.- :=:1!;; '1, ' : : .' Phone`No.' • , . „,.- • ,- r.- ': -,,--:. • - ' '' '' ' '' " 15 a. Is this Pfopert)'('withiri-100-fdet of A.tidal wetland or a'-~,ffeshW0.*WOiland?'*YES s ''' •NO * IF YES, SOUTI4OL,D tOWN`TRU`STEBS'&D.E.C. Ptit.MItg'MAVBE REQUIRED.`" ''' '-'•' -'' • b.,is this property within 300 feet of a tidal Weiland?:* YES. ' .NO * IF YES, D.E.C;PERMITS MAY BE REOUIRED. ' 16. Provide survey,-to-scald; 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 ariy,coveriants and restrictions with Vrpect to this property? * YES NO , * IF YES, PROVIDE A COPY. • ,• _ - ..:!,. , ; , -,, ?,, „. , , ,-;,..; •,_, . ,,,,i. , _ „ t,. • .'..:...- • ' , , -r . . . . - STATE OF NEW YORK) , ' , SS: - . , ,. ., .. . COUNTY OF&AI l< ) ;. - _ .„... . --'- - - - .. , - . , 9/12-1) // F,2=45:04- ,,,,:,.._/, , ,,b0ig,Flulx Sysioin,'deposes and says that(s)he is the applicant (Name of individual signing contract)above named, - (S)He is the te,CC,.49€4_)i/ ---C e 4 7(..7"7"— . _ (Con actor,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 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 to'before me this - .- Ci-14-, day,of .juqe_ V 2o )5 . - ,, . d • , or ' Notary thltitflde.-1\ TRACEY L.D I ER- ' ' Signature of Applicant ,- , .- NOTARY PUBLIC.STATE OF NEW YORK ' , , ._. • , ' . NO.OlDW8306900 ' QUALIFIED IN SUFFOLK COUNTY ' COMMISSION EXPIRES JUNE 30,,,248 ,�_Ao John M. Bredemeyer III,President �� �V��.• ,SOlti�®� ` Town Hall Annex Michael J. Domino,Vice President � s � ® • 54375 Main Road P.O. Box 1179 James F. King,Trustee • 1,464, Southold, New York 11971-0959 ct- Dave Bergen,Trustee ;® �® •� Telephone (631) 765-1892 Charles J. Sanders,Trustee ; COUNT( Fax(631) 765-6641 � BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 17, 2015 Sanford & Elizabeth Friemann PO Box 968 Cutchogue, NY 11935 RE: 1165 OLD HARBOR ROAD, NEW SUFFOLK SCTM# 117-3-8.4 Dear Mr. & Mrs. Friemann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, June 17, 2015: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit#4318 to reconstruct and downsize the beach house with attached decking for a 7'x14' (98sq.ft.) beach house and a 12'x20' (240sq.ft.) deck with railings and 3' wide steps to beach; and as depicted on the revised site plan prepared by Sanford & Elizabeth Friemann, received on May 22, 2015, and stamped approved on July 15, 2015. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, dile"' 41/4N 61.011P0714.=. John M. Bredemeyer, III President, Board of Trustees JMB:eac FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 29, 2013 TO: Sanford H. & Elizabeth M. Friemann 1165 Old Harbor Road New Suffolk,NY 11956 Please take notice that your application dated May 28, 2013, For permit for demolition and reconstruction of beach house/cabana/shed and decking at: Location of property: 1165 Old Harbor Road New Suffolk County Tax Map No. 1000 - Section 117 Block 3 Lot 8_4 Is returned herewith and disapproved on the following grounds: The demolition and reconstruction of beach house/cabana/shed and decking is not allowed pursuant to Article XXII, section 280-116 0B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The plans show the proposed beach house/cabana/shed and decking setback 0 feet from the bulkhead. uthorized 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. 4 ItyBOARD MEMBERS ��i�''� Southold Town Hall Leslie Kanes Weisman,Chairperson oi'� �QF -- - .1,— - 53095 Main Road•P.O.Box 1179 ��' '`®� '' tel® ` Southold,NY 11971-0959 Eric Dantes = °a , ` °, , Office Location: Gerard P.Goehringer % G ',y.` . .4' .Lb, .. ,$ Town Annex/First Floor,Capital One Bank •George Horning .x% ,���� �� 54375 Main Road(at Youngs Avenue) Ken Schneider \...4COU(,\\`C.��i��� Southold,NY 11971 ... St EF “ http://southoldtown.northfork.net �� IC, ZONING BOARD OF APPEALS I� SEP 1 0 2013 TOWN OF SOUTHOLD ` l Tel.(631)765-1809•Fax(631)765-9064 BLDG DEPT 101�4N 0` THOLD \. FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5,2013 ZBA FILE: 6667 NAME OF APPLICANT: Sanford H. and Elizabeth M.Friemann SCTM#1000-117-3-8.4 PROPERTY LOCATION: 1165 Old Harbor Road(adj.to Cutchogue Harbor)New Suffolk,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 1 Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 2, 2013 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 DETERMINATION: 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 a recommendation dated August 5, 2013. 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a one story dwelling with attached deck, in-ground pool and hot tub along with a bulkhead and dock. It contains 19, 712 square feet and is located in a R-80 Zone District. It has 93.84 feet of frontage on a Private Road located off of Old Harbor Road, 194.38 feet along the northern property line, 104.40 on Cutchogue Harbor and 148.70 feet along the southern property line as shown on the survey dated Sept. 12, 2007, revised last 08-20-2013 prepared by John C. Ehlers,LS. BASIS OF APPLICATION: Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's May 29, 2013 Notice of Disapproval concerning a permit for demolition and reconstruction of beach house/cabana/deck, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to replace a beach house/cabana/deck that were destroyed due to Super Storm Sandy with an 18ft.X 7 ft beach house and a 23.2ft X 12.1 ft attached 1 1 I` Page 2 of 3—September 5,2013 ZBA#6667—Friemann SCTM#1000-117-3-8.4 deck located seaward of the bulkhead. The beach house with deck is proposed in approximately the same location as the original structures with a slightly larger footprint. However, while the original structures were completely seaward of the bulkhead in the VE flood zone, the proposed accessory structure and deck extends approximately 3 feet landward of the bulkhead in flood zone X,-and 12 feet seaward of the bulkhead in the VE Flood Zone. The code requires a 75 ft bulkhead setback. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant,on August 20,2013, submitted a survey by John C.Ehlers dated 8/20/2013 noting the flood zones and the top of bank as requested by the Board.However, no changes Ain the location or size of the accessory beach house and'deck were proposed. ADDITIONAL INFORMATION: Although there are other accessory storage and beach house structures in the neighborhood, only one was determined to exist or existed legally by virtue of having a CO or Pre- CO. While the Board has evidence that the applicant's original accessory beach house and deck were issued a Trustee's Permit in 1994 without any dimensions being noted,these structures did not have a CO issued by the Town's Building Department. However, the Board notes that even a legally existing non- conforming structure or building that is demolished-- be it through human hand or an act of nature--has no legal right to be replaced in a non-conforming location. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 8, 2013 at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's original accessory 1 beach house and deck suffered a total loss from Super Storm Sandy and was washed away. Due to the proposed location for the replacement accessory beach house and deck in the high velocity hazard flood zone seaward of the top of the bank and the bulkhead, these accessory structures have the potential to suffer a high,repeatable rate of loss and pose hazards to life and property during storm surge events. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an,area variance. The applicant has a swimming pool, hot tub and deck on his property landward of the top of bank with steps providing access to the beach area, dock and water. He can construct an accessory ,beach/pool house or storage building in a more conforming location that is landward of the top of the bank. 3. Town Law 4267-b(3)(b)(3). The variance requested herein is mathematically very substantial, representing more than 100% relief from the code, since the proposed beach house and deck are located seaward of the bulkhead where the code requires a 75 foot setback landward of a bulkhead. 4. Town Law 4267-b(3)(b)(4) 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 LWRP Memorandum to the ZBA notes that the proposed beach house does not functionally require a location on the coast and is not water dependent pursuant to Policy 3.a. It also notes that these structures should be located to outside the VE FEMA flood zone and landward of the top of the bank/bluff to further policy 5 of the LWRP to reduce adverse environmental effects, minimize the need for future structural , ' J r Page 3 of 3—September 5,2013 ZBA#6667—Fnemann SCTM#1000-117-3-8.4 flood protection measures, or expansion of existing protection measure and to meet federal flood insurance program standards. . r 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created by the applicant's request to replace structures that were never legally established in a location that is substantially non-conforming with regard to the code required bulkhead setback and within a VE FEMA flood zone. . 6. Town Law&267-b. Not granting the requested relief is the minimum action necessary to preserve and protect 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 1 under New York Town Law 267-B, motion was offered by Member Weisman(Chairperson), seconded by Member Schneider, and duly carried,to DENY as applied for. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Dantes. Nay:Member Goehringer. (Absent was:Member Horning) This Resolution was duly adopted(3-1). 4....,,,L, ke,,,,,,,,,______ Leslie Kanes Weisman, Chairperson Approved for filing 7 /7 /2013 1 -47 Y✓ BOARD MEMBERS �i�' ®� ®�,, Southold Town Hall Leslie Kanes Weisman,Chairperson of S. t® � 53095 Main Road•P.O.Box 1179 ``® .,l® ; Southold,NY 11971-0959 Eric Dantes ., ; Office Location: Gerard P.Goehringer - � Town Annex/First Floor,Capital One Bank — George Horning 'p �: E ' aa®��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ; 'COu it in , of Southold,NY 11971 http://southoldtown.northfork.net En lc (I, �E ' �'I E ZONING BOARD OF APPEALS LJ TOWN OF SOUTHOLD u JUN 9 2016 -� Tel.(631)765-1809 •Fax(631) 765-9064 BLDG DEP( TOVdI,or ;Oo1HOLD FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5,2013 MEETING OF JUNE 4,2015 (AMENDED DETERMINATION) ZBA FILE: 6667 AMENDED NAME OF APPLICANT: Sanford H. and Elizabeth M.Friemann SCTM#1000-117-3-8.4 PROPERTY LOCATION: 1165 Old Harbor Road (adj.to Cutchogue Harbor) New Suffolk, 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 July 2, 2013 stating that this application is considered a matter for local _ _ _ determination_as ther_c_appears to_be no_signiBuant_county_wide or inter-community impact._ LWRP DETERMINATION: 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 a recommendation dated August 5, 2013. 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a one story dwelling with attached deck, in-ground pool and hot tub along with a bulkhead and dock. It contains 19, 712 square feet and is located in a R-80 Zone District. It has 93.84 feet of frontage on a Private Road located off of Old Harbor Road, 194.38 feet along the northern property line, 104.40 on Cutchogue Harbor and 148.70 feet along the southern property line as shown on the survey dated Sept. 12, 2007, revised last 08-20-2013 prepared by John C. Ehlers,LS. BASIS OF APPLICATION: Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's May 29, 2013 Notice of Disapproval concerning a permit for demolition and reconstruction of beach house/cabana/deck, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to replace a beach house/cabana/deck that were destroyed due to Super Storm Sandy with an 18ft. X 7 ft. beach house and a 23.2ft. X 12.1ft. Page 2 of 4—June 4,2015 AMENDED ZBA#6667—Friemann SCTM#1000-117-3-8.4 attached deck located seaward of the bulkhead. The beach house with deck is proposed in approximately the same location as the original structures with a slightly larger footprint. However, while the original structures were completely seaward of the bulkhead in the VE flood zone, the proposed accessory structure and deck extends approximately 3 feet landward of the bulkhead in flood zone X, and 12 feet seaward of the bulkhead in the VE Flood Zone.The code requires a 75 ft.bulkhead setback. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant, on August 20,2013, submitted a survey by John C. Ehlers dated 8/20/2013 noting the flood zones and the top of bank as requested by the Board. However, no changes in the location or size of the accessory beach house and deck were proposed. ADDITIONAL INFORMATION: Although there are other accessory storage and beach house structures in the neighborhood, only one was determined to exist or existed legally by virtue of having a CO or Pre- CO. While the Board has evidence that the applicant's original accessory beach house and deck were issued a Trustee's Permit in 1994 without any dimensions being noted,these structures did not have a CO issued by the Town's Building Department. However, the Board notes that even a legally existing non- conforming structure or building that is demolished -- be it through human hand or an act of nature --has no legal right to be replaced in a non-conforming location. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 8, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character-of-the-neighborhood or_a_detriment_to nearby properties. T_he_applicant_s_originaLaccessory beach house and deck suffered a total loss from Super Storm Sandy and was washed away. Due to the proposed location for the replacement accessory beach house and deck in the high velocity hazard flood zone seaward of the top of the bank and the bulkhead, these accessory structures have the potential to suffer a high,repeatable rate of loss and pose hazards to life and property during storm surge events. 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has a swimming pool, hot tub and deck on his property landward of the top of bank with steps providing access to the beach area, dock and water. He can construct an accessory beach/pool house or storage building in a more conforming location that is landward of the top of the bank. 3. Town Law §267-b(3)(b)(3). The variance requested herein is mathematically very substantial, representing more than 100% relief from the code, since the proposed beach house and deck are located seaward of the bulkhead where the code requires a 75 foot setback landward of a bulkhead. 4. Town Law §267-b(3)(b)(4) 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 LWRP Memorandum to the ZBA notes that the proposed beach house does not functionally require a location on the coast and is not water dependent pursuant to Policy 3.a. It also notes that these structures should be located to outside the VE FEMA flood zone and landward of the top of the bank/bluff to further policy 5 of the LWRP to reduce adverse environmental effects, minimize the need for future structural Page3of4—June4,2015 - AMENDED ZBA#6667—Friemann SCTM#1000-117-3-8.4 flood protection measures, or expansion of existing protection measure and to meet federal flood insurance program standards. . 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created by the applicant's request to replace structures that were never legally established in a location that is substantially non-conforming with regard to the code required bulkhead setback and within a VE FEMA flood zone. . 6. Town Law $267-b. Not granting the requested relief is the minimum action necessary to preserve and protect 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(Chairperson), seconded by Member Schneider, and duly carried,to DENY as applied for. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Dantes. Nay:Member Goehringer. (Absent was:Member Horning) This Resolution was duly adopted(3-1). (Signed, adopted and filed in Original Decision) Leslie Kanes Weisman, Chairperson Approved for filing / /2013 AMENDED DETERMINATON: ZBA FILE: 6667 AMENDED NAME OF APPLICANT: Sanford H. and Elizabeth M.Friemann SCTM#1000-117-3-8.4 PROPERTY LOCATION: 1165 Old Harbor Road (adj.to Cutchogue Harbor)New Suffolk,NY. WHEREAS, the Board of Appeals rendered a determination, dated September 5, 2013 denying the relief sought by the applicant; and WHEREAS, the applicant commenced an Article 78 proceeding challenging the Board of Appeals' determination entitled: "In the Matter of Sanford Friemann and Elizabeth Friemann,Petitioners, against the Zoning Board of Appeals of the Town of Southold,Respondent", Suffolk County Index No. 13-27015; and WHEREAS, by decision dated December 12, 2014, the Supreme Court granted the petition and annulled the Board of Appeals determination; and WHEREAS,the Board of Appeals served and filed a Notice of Appeal from that decision; and Page 4 of 4—June 4,2015 AMENDED ZBA#6667—Friemann SCTM#1000-117-3-8.4 WHEREAS, the parties have entered into a Stipulation of Settlement that would provide for the issuance of a variance that would permit the construction of the Beach House and deck in accordance with the proposed reduced plan described in the Petitioners' Stipulation of Settlement, which settlement was approved by resolution on May 21,2015; 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 Schneider, seconded by Member Goehringer,and duly carried,to NOW, pursuant to the terms of the Court settlement, the Board of Appeals hereby amends its September 5, 2013 determination and hereby grants the area variance to permit the following construction: 1. The Beach House shall be reduced in area to 14' x 7' (a reduction to 98 sq. ft.) and located two feet(2') east of the retaining wall; 2. The deck shall be moved landward by three point two feet (3.2') and shall be reduced in area to 20' x 12.1'; 3. Steps to the beach shall be attached to the north side of the replaced deck; 4. The elevation of the Beach House and deck shall be raised four feet(4') in height from their previous location All shown on a hand drawn diagram dated revised 5/21/15 and submitted with the Stipulation of Settlement as Exhibit A Vote of the Board June 4,2015: Ayes:Members Weisman (Chairperson),Schneider,Dantes, Goehringer,Horning. This Res-olutio-n-was-duly trdopiezt(5=0). - 6„, 6.14. 1°1-4,i4L Leslie Kanes Weisma , Chairperson Approved for filing 1p / 1 /2015 • • i Scott A.' Russell ••''`�°5U>.� STO>RM[WAT]E]R SUPERVISOR o� MANAGEMENT SOUTHOLD TOWN HALL-P.O.Box 1179 t -* Prl 53095 Main Road-SOUTHOLD,NEW YORK 11971 L '� �� Town of So u th o l d +tee �O.1 r �\ '. ***+* 1J1 0 i(, CHAPTER 236 - STORMWATER MANAGE r TWORKS ' T ( TO BE COMPLETED BY THE APP T ) I JUN 1 DOES THIS PROJECT INVOLVE ANY OF THE IFOLLOWING_L____! (CHECK ALL THAT APPLY) ~-5!DG DEPT Yes No . TOT;;OF SOUTHJLn ❑ ,] A. Clearing, grubbing, grading or stripping of la w ich affects more than 5,000 square feet of ground surface. ❑ B. Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. ❑I/I C. Site preparation on slopes which exceed 10 feet vertical rise to 100 feet of horizontal distance. ❑ D. Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area. ❑ E. Site preparation within the one-hundred-year floodplain as depicted on FIRM Map of any watercourse. ❑ F. Installation of new or resurfaced impervious surfaces of 1,000 square feet or more, unless prior approval of a Stormwater Management Control Plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. If you answered NO to all of the questions above, STOP! Complete the Applicant section below with your Name, Signature, Contact Information, Date & County Tax Map Number! Chapter 236 does not apply to your project. If you answered YES to one or more of the above, please submit Two copies of a Stormwater Management Control Plan and a completed Check List Form to the Building Department with your Building Permit Application. APPLICANT. (Property Owner,Design Professional,Agent Contractor,Other) • S.C.T.M. #: 1 OOO Date Qq Duoict �/ NAME •- ./1 i N! , l/7 o!y irnni Section Block Lot 1 OR BUILDING DEP AItl MEN I LSI ONLY " Contact Information. —57 6jS= 3 0,'(y 'r&puone"u,n0.0 Reviewed By Date- Property Address / Location of Construction Work: El Approved for processing Building Permit. sir- ®a /7 t Ive Stormwater Management Control Plan Not Required N.674) Ny //c_f , ❑ Stormwater Management Control Plan is Required (Forward to Engineering Department for Review) FORM * SMCP-TOS MAY 2014 r T. TERRY ' I i- kik i'' 'L • 1nt�-n I1oI1 S-1tlu5 mull, i is N •Y.4,, 4:i F-', j F O. 11nx 1 IV) TOWN CLERK c • t �". '��M:1; --- S wihuld Nc�•- ' url; 1 k.ILEGISTRAR OF VITAL STATIS11Cs �� •• 1 MARRIAGE orrlcER �� � . ����� Telephone (5I(�) 7(�C. 1 RECORDS MANAGEMEta OFFICER ���OJ - I° FREEDOM OF INFORMATION OFFICER �41.vngi 0,' OFFICE OF THE TOWN CLERIC TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 24, 1993 : RESOLVED that the Town Board of the Town of Southold hereby adopts two (2) new forms to be used under Me Flood Damage Prevent regulations ,-: of. the Code of the Town of Southold: "Floodplain Development. Permit / I, ,1 Xpplication" (FDP(93) ) , and Certificate of Compliance f r Devey�pment in Special Flood Hazard Area (C/C(93)) . ni,L17-4(c2; iA_, ;_... . .____- !_._ _ 1 ..,_. BL 5G. DEPT TOy.iLOF SO Ii►aOLJ • / �,��� Judith T. Terry Southold Town Clerk August 25, 1993 i t • •T • . APPLICATION PAGE Iof4 TOWN OF SOUTHOLD • FLOODPLAIN DEVELOPMENT PERMIT AJ PLICATION This form is to be filled out in duplicate. ECTIIN I: GENERAL PROVISIONS APPLICANT to read and si: 1. No work may start until a permit is issued. - 2. The permit may be revoked if any false statements arc made herein. 3. If revoked, all work must cease until permit is re-issued. 4. Development shall not be used or occupied until a Certificate of Compliance is issued. S. The permit will expire if no work is commenced within six months of issuance. 6. Applicant is hereby informed that other permits may be required to fulfill local,state and federal regulatory requirements. 7. Applicant hereby gives consent to the Local Administrator-or his/her representative to make reasonable • inspections required to verify compliance. 8. I,THE APPLICANT,CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO _ THIS APPLICATION ARE,TO THE BEST OF MY KNO\/- DGE,TRUE AND ACCURATE, .. (APPLICANT'S SIGNATURE)''°.' ..<._ ,/ A _ DATE 6�� i•,� ./-5� .--/SECTION 2: PROPOSED DEVEIAP IENT (T.-be completed by APPLICAh'Tl -- - -NAME ADDRESSTELEPHONE APPLICANT 1/e C b ,/ '€/Z i .I A/, io r4;faJc :--- - -- -._BUILDER-^------ --------- -------------- . ENGINEER • • PROJECT LOCATION: To avoid delay in processing the application, please provide enough information to easily identify the project location_ Provide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersecting road or well-known Landmark A sketch attached to this application showing the project location would be helpful. !IR :0 i�.ge/e PAC FDP(93) . I ( I 1 ♦• ‘. 1 APPLICATION PAGE 2 OF ' DESCRIPTION OF WORK (Check all applicable boxes)• A STRUCTURAL DEVELOPMENT - (kCTIVITY STRUCTURE TYPE $1New Structure 0 Residential (1-4 Family) ❑ Addition 0 Residential (More than 4 Family) ❑ Alteration 0 Non-residential (Floodprooling? 0 Yes) ❑ Relocation 0 Combined Usc (Residential & Commercial) ❑ Demdlitioo' - P 0 Manufactured (Mobile) Home (In Mann- O Replacement factured Home Park?- 0 Yes) ESTIMATED COST OF PROJECT S • B. OTHER DEVELOPMENT ACTIVITIES: . O Fill 0 Mining 0 Drilling ❑ Grading O Excavation (Except for Structural Development Checked Above) - - 0 Watercourse Alteration (Including Dredging and Channel Modifications) . ❑ Drainage Improvements (Including Culvert Work) -) 0 Roar, Street or Bridge Construction ) / / 0 Suvision (New or Expansion) i 0 Idual Water or Sewer System I - O Other (Please Specify) After completing SECTION 2, APPLICANT should submit form to Local Administrator for review_ ECTION 3: FLOODPLAIN DEl iRMINATION o be comoletcd .v LOCAL ADIYIINI TRATOR The proposed development is located on FIRM Panel No. Dated - The Proposed Development: . O Is NOT located in a Special Flood Hazard Area (Notify the applicant that the application - • review is complete and NO FLOODPLAIN DEVELOPMENT PERMIT IS REQUIRED). ❑ Is located in a Special Flood Hazard Arca. FIRM zone designation is - 100-Year flood elevation at the site ts: - Ft. NGVD (MSL) 0 Unavailable ❑ The proposed development is located in a floodway. FBFM Panel No. Dated ❑ $cc Sc_cuon 4 for additional insiruciions SIGNED DATE APPLICATION 4 PAGE 3 OF 4 SECTION 4: ADDITIONAL INFORMATION REQUIRED (To he completed by LOCAL ADMINISTRATOR) The applicant must submit the documents checked below before the application can be processed: 0 A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions and proposed development. O Development plans,drawn to scale, and specifications,including where applicable: details for anchoring structures, proposed elevation of lowest floor(including basement), types of water resistant materials used below the first floor, details of floodproofwg of utilities located below the first floor and details of enclosures below the first floor. . Also, O Subdivision or other development plans(If the subdivision or other development exceeds 50 lots or 5 acres,whichever is the lesser, the applicant must provide 100-year flood elevations if they arc not otherwise available). • 0 Plans showing the extent of watercourse relocation and/or landform alterations_ ❑ Top of new fill elevation Ft. NGVD (MSL). Ft.NGVD MSL . For O Floodproofing protection level (non-residential only) ( ) floodproofed structures,/applicant must attach certification from registered engineer or _ architect. - O Certification from a-registered engineer that the proposed activi‘in a regulatory floodway will not result in any increase in the height of the 100-year flood. A copy of all data and calculations supporting this finding must-also be submitted. O Other. • E I 5: PERMIT DETERMINATI•N • recom•leted • LI 'ALADMINI RATIR I have determined that the proposed activity. A. 0 Is B. 0 Is not in conformance with provisions of Local Law if , 19 . The permit is issued subject to the conditions attached to and made part of this permit. SIGNED , DATE if BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fce If BOX B checked, the Local Administrator will provide a written summary of deficiencies. Applicant may revise and resubmit an application to the Local Administrator or may request a bearing from the Board of Appcars • • • APPLICATION PAGE 4OF4 APPEALS. Appealed to Board of Appeals? ❑ Ycs 0 No Hearing date: Appeals Boaid D.«siou --- ApplcvL-d? 0 Yes 0 No Conditions SECTION 6: AS-BUILT ELEVATIONS (To be submitted by APPLICANT before Certificate of Compliance is issued) The following information must be provided for project structures. This section must be completed by a registered professional engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below. 1. Actual (As-Built)Elevation of the top of the lowest floor, including basement (in Coastal High Hazard • Areas, bottom of lowest structural member of the lowest floor, excluding piling and columns) is: FT. NGVD (MSL). 2.. - Actual (As-Built) Elevation of floodproofmg protection is FT. NGVD (MSL). NOTE: Any work performed prior to submittal/of the above information is at the risk/if the AppVcant. • f I SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATQ) The LOCAL ADMINISTRATOR will complete this section as applicable based oo inspection of the project to communit}rs_local_law_for__flood damagc__P_rcvention, 1NSPtCTIONS: DATE BY DEFICIENCIES? 0 YES 0 NO DATE BY DEFICIENCIES? ❑ YES 0 NO DATE BY DEFICIENCIES? 0 YES 0 NO • SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR) , Certificate of Compliance issued: DATE: BY: a 1 1 I '• 1 - Attachment B • /% BAMP,LE 1 CERTIFICATE 3F COMPLIANCE for Development in a Special Flood Hazard Area •r s 1 I , li • . TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA . . .i_ t .. _ t ._ N THIS CERTIFICATE) PREMISES LOCATED AT: PERMIT NO. PERMIT DATE OWNERS NAME AND ADDRESS: CHECK ONE: p NEW BUILDING ❑EXISTING BUILDING D VACANT LAND '.f ) I I THE LOCAL ADMINISTRATOR IS TO COMPLETE- A. OR B. BELOW: A.---COMP-LIAN-CE-IS-HEREBTY CERTI I_ED WITH THE REQUIREMENTS OF - LOCAL LAW # , 19_ SIGNED: DATED: B. COMPLIANCE IS HEREBY CERTIFIED WITH THE REQUIREMENTS OF LOCAL LAW # , 19_, AS MODIFIED BY VARIANCE # DATED SIGNED: DAfli D: • I CIC ( 93 ) , SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK SANFORD FRIEMANN and ELIZABETH FRIEMANN, Petitioners, STIPULATION -against- OF SETTLEMENT Index No. 13-27015 BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, Respondent. It is hereby stipulated and agreed by and between the parties: WHEREAS this proceeding arises out of the Respondent's decision denying the Petitioners' application to rebuild a beach house/gazebo and deck on their waterfront property damaged by hurricane sandy under ZBA File No. 6667 dated September 5, 2013; WHEREAS the Supreme Court granted Petitioners Article 78 proceeding petition annulling the aforesaid September 5, 2013 remitting the matter to the Defendant for approval; WHEREAS the Respondent has filed a Notice of Appeal; WHEREAS the parties believe it is in their respective best interests to resolve the dispute on the following terms and conditions: NOW THEREFORE, it is hereby agreed as follows: 1. The Petitioner having submitted plans to Respondent dated May 16, 2013 stamped by James J. Deerkoski Licensed Professional Engineer to replace: a. 18 foot by 7 foot beach house; b. 24 foot by 16 foot deck located seaward of the bulkhead; and c. Steps to beach. 2. The parties have agreed that the construction of the beach house and the deck shall be reduced in area to the following: a. 14 foot by 7 foot beach house (98 sq. ft.); b. 20 foot by 13 foot deck (260 sq. ft.) c. The distance of the deck from the retaining wall shall be reduced from 3 foot to 2 foot; d. Steps to beach; and e. Raise level of the deck from the previous level a distance of approximately four(4) foot as per plans. The changes are approximately reflected on the attached color coded floor plan, where the area in blue reflects the reductions in size, and the yellow lines reflect the locations of the agreed upon beach house and deck, which is attached hereto and made a part hereof as Exhibit A. Any deviation between the attached plan and the sizes of the deck and beach house as set forth above, the sizes set forth above controls. 3. The Respondent shall issue an amended determination granting the variance in accordance with this stipulation simultaneously with the execution of this agreement. 4. This action is hereby resolved, and settled with prejudice. 5. Except as otherwise stated herein, all the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. 6. This Agreement contains the entire understanding of the parties who hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. This means that neither party is relying on any other representations outside of those actually made within this Agreement and that only those terms actually set forth in this Agreement have been agreed to by the parties. Dated: Mattituck,New York May , 2015 ELIZABETH FRIEMANN TOWN OF SOUTHOLD SANFORD FRIEMANN By: 3 WILLIAM DUFFY, Town Attorney WILLIAM C. GOGGINS Attorneys for Respondent Attorneys for Petitioners P.O. Box 65, 13235 Main Road P.O. Box 65, 13235 Main Road Southold, New York 11971 Mattituck, New York 11952 Telephone: (631) 765-1939 Telephone: (631) 298-4818 i . , . •., ' 1 . ! ; !( 1 --,-A-k-/-c /i t • \: ,,t k 1 t• (li 7 1 .•,.1 11 L-------------------- , s.„,e......,--.--r,,_"...--,--------,,---...-,----Z-- ,,,,,-----\-,----,-...-tw---r,--.....,. ---77.-- -,--7---N-7— --_,,-.-- :::-77------,--- if- ,.c.:. _....... .. _ a r ) 0 ..4. I! I ! _. .., 6/8 tr :I / 277 • via - ; ; (N i 1 iN t 1 , -- "..-Tekite-t------ ,, .-A-------, I ,_____----2.--1.--------------------- -- - -V--- i ; i' ='_..i... /4-2;77,•!.-_-_tii-. 1-,A7 -.42.-are‹.-;),-Y6 1 , • - . ; 1 ________ 2p.'',:p"I---- - —, --- --- - -------ffe• i ! i i - 4,X.;,:4;V::1:V.)---15.1-:A7C:4( ------ II „ .....,' T_L- I ----Agra p-AM--- te22- - ; •A tv., 1 I ---- , fi'.) 7//2... .AALF.4--7 (:ifT-7/7E/YAN) 7 / h F 7--------7/66— c')/../)- t' __I Y —---- 1-- - --.-;- - -/-6—1 0 .1/-0;,54"-:-I'_..- \I ! • •,,, / i q Z -1. l'a • ‘1' 0 .1 ... , -,... .i. ›• ; LI. i ,, - _ MEMORANDUM Fe SUPREME COURT. SUFFOLK COUNTY I.A.S. PART 9 SANFORD FRIEMANN and ELIZABETH By: Martin. A.J.S.C. FRIEMANN. Dated: December 12.201 4 Petitioner. Index No. 13-27015 Mot. Seq. # 001 - MG -against- Return Date: 10-22-13 ZONING BOARD OF APPEALS OF THE Adjourned: 5-27-14 TOWN OF SOUTHOLD, Respondent. ------ X WILLIAMVI C. GOGGINS, ESQ. SMITH,FINKELSTEIN, LUNDBERG, Attorney for Petitioner ISLER and YAKABOSKI,LLP 13235 Main Road Attorney for Respondent Mattituck,New York 11952 456 GrifFng Avenue ,Riverhead, New York 11901 In this Article 78 proceeding,petitioners seek a judgment vacating and annulling a September 5, 2013 determination of the respondent Zoning Board of Appeals of the Town of Southold which denied a variance application to reconstruct a bay side covered deck. commonly referred to as a gazebo structure, and dock which were destroyed by Hurricane/Superstorm Sandy. Petitioners are the owners of property located at 1165 Old Harbor Road,New Suffolk, in the Town of Southold. Approximately 104 feet of the property is located on Cutchogue Harbor. The property is presently improved by a one story dwelling with attached deck. in-ground pool and hot tub, alone with bulkheading. On May 26, 1994, the petitioners' original accessory beach house and deck were issued a Board of Southold Town Trustees' "Grandfather Permit for an existing beach house. a 15' X 30' deck around beach house and an 85'X 4' existing dock as per drawing dated as rec'd. 2/7/94." Petitioners claim. and it is undisputed.that the "beach house" and deck which had been in existence for more than sixty-three (63) years (having been constructed sometime in the 1940's), were destroyed by Hurricane Sandy. After a determination by the DEC that no permit was required under Tidal Wetlands Land Use Regulations pursuant to 6 NYCRR Part 661. petitioners applied to the Southold Town Board of Trustees for a wetlands permit to reconstruct the beach house/gazebo and deck. The Board of Trustees reviewed and approved the application and determined that there was no adverse environmental impact to rebuild the beach house/gazebo and deck. Petitioners allege that the difference between the pre-existing structures and the proposed ones is that the new structures are to be built in accordance with the FEN'IA guidelines. The petitioners submitted an application to the respondent zoning board of appeals of the Town of Southold for a variance from the 75' setback requirement of the zoning code ' d, • Friemann v Southold ZBOA Index No. 13-27015 Page No.2 which became law in April 1954, after the original structures had been built. The respondent zoning board of appeals denied petitioners' application and this Article 78 petition to vacate and annul that determination ensued. Petitioners allege that the determination of the zoning board of appeals was irrational,arbitrary, and capricious. Petitioners seek a judgment vacating and annulling the determination and directing respondent to approve their application. Petitioners argue that respondent's denial of their application ignored petitioners' property rights, decreased the value of and the use and enjoyment of their waterfront property, and is inconsistent with the decks, beach houses,and gazebos existing in their neighborhood. In opposition to the petition,respondent argues that"[u]nder Southold Town Code section 280- 122 (B)(I), 'a nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule: Section 280-116 (B) of the Town Code requires all structures to be located 75 feet landward of the bulkhead. Since the petitioners' proposed new shed and deck would be located 12 feet seaward of the existing bulkhead, the petitioners were seeking a variance in excess of 100%of the Code's requirement." Thus,they maintain, that such a"drastic variance"should not be permitted and that the petition should be dismissed. A public hearing was held on the variance application on August 8,2013. Petitioner, Sanford Friemann, explained that"[w]e propose a new structure to build it to today's FEMA standards. And we believe that it's out of the\'E Zone. And we were located, approximately 3 feet landward of the prior structure,.which was seaward, and approximately 2 feet higher from the top of the bulkhead. The new structure will be built on pilings,according to FEMA standards. This is nothing more than a 7'X 18' foot shed. It's not habitable. It has no heat. It has no utilities other than electric. So we can see what we're doing at night. The shed was built prior to the Town Code, and in my wife's family since the 1950's . . . The improved building construction standards will ensure much better construction and will also help protect Ioss [sic] of human Iife,flooding and erosion hazards since it will be above the flood- plain when completed. Basically, it's a storage shed where we put beach chairs, clam rakes and things like that. And it has a deck where we can sit down and enjoy the view. . .The dimensions that I submitted on the plans are exactly the same as what was lost. . . I do not have a CO for that building. That is correct because it was built in the 1940's and a part of my wife's family bought the property in the 1950's. Prior to code." Leslie Kanes Weisman, chairperson of the respondent zoning board of appeals responded to petitioner at the hearing"[o]nce,as I am sure you're aware,once a structure is demolished, even in fact if it had a legal Certificate of Occupancy or Pre-CO, once that nonconforming status—once it's demolished by natural law or whatever,that preexisting nonconforming legal status is extinguished. The Board needs to grant when there is justification for granting it,the least amount of variance we can possibly grant that would provide relief when justified to a property owner from a code that is restricted. And you can appreciate the fact that a lot of these beach houses were taken out by Sandy. A lot of them were . . . So I just want the record to reflect the issues that the Board is addressing not only in your application but other applications of these beach houses." A member of the board indicated that the • Friemann v Southold ZBOA Index No. 13-27015 Page No. 3 neighbor's property contained a beach cabana,to which petitioner added that it is"habitable. . . a cottage with a septic system. . . next door to where [he is]." No one in the audience addressed the respondent board with regard to petitioners' application for a variance. The matter was adjourned and at its September 5,2013 meeting the respondent zoning board denied petitioners' application for a variance,noting that the original shed and deck, which had been nonconforming structures,had been totally destroyed,thus the applicants had no right to rebuild in place and kind. A local planning board has broad discretion in deciding applications, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary,or an abuse of discretion (see Matter of Ifrah v Utschig, 98 NY2d 304, 746 NYS2d 667 [2002];Matter of Davies Farm,LLC v Planning Bd. of Town of Clarkstown, 54 AD3d 757, 864 NYS2d 84 [2d Dept 2008]; Matter of Gallo v Rosetl, 52 AD3d 514, 859 NYS2d 675 [2d Dept 2008]). A planning board's determination"should be sustained upon judicial review if it was not illegal,has a rational basis,and is not arbitrary and capricious"(Matter of Gallo v Rosell,52 AD3d at 515, 859 NYS2d at 676;see Matter of Sasso v Osgood, 86 NY2d 374, 633 NYS2d 259 [1995];Matter of Rivero v Voelker, 38 AD3d 784, 832 NYS2d 616 [2d Dept 2007]). When reviewing the determinations of a local planning board, "`courts consider substantial evidence only to determine whether the record contains sufficient evidence to support the rationality of the Board's determination"'(Matter of Sasso v Osgood, 86 NY2d at 385 n2, 633 NYS2d at 264 n2). In making its determination,a board may rely upon the personal knowledge and familiarity with the area possessed by its members(see Matter of Thirty West Park Corp. v Zoning Bd. of Appeals of City of Long Beach,43 AD3d 1068, 843 NYS2d 106 [2d Dept 2007]). "Pursuant to Town Law§ 267-b(3), in determining whether to grant an application for an area variance, a town's zoning board must weigh the benefit to the applicant against the detriment to the health,safety,and welfare of the neighborhood or community if the variance is granted"(Mailer of Davydov v Mainmina, 97 AD3d 678,679, 948 NYS2d 380 [2d Dept 2012]). A zoning board must also consider"(1)whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2)whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance;(3)whether the requested area variance is substantial; (4)whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created"(Town Law §267-b [3] [b]). Here, it is clear that as to consideration numbered"1"no questions or real issues exist. As petitioners seek to build only that which was destroyed by Hurricane Sandy(and to"upgrade"the structures to conform with new FEMA requirements),there will be no undesirable change to the character of the neighborhood, and as the premises next door contain a more improved structure located similarly seaward of the bulkhead,no detriment to the neighborhood would be caused by the granting of this variance. Although respondent claims that it"pointed out that it had recently denied an application to locate a structure landward of the bulkhead but`practically sitting on it'",no proof is offered into the record to show that this was anywhere near petitioners' property or the circumstances surrounding the r f-. Friemann v Southold ZBOA Index No. 13-27015 Page No. 4 application. Similarly as to the second consideration, although the respondent states in its memorandum that the proposed structures could be built in a"more conforming location-landward of the top of the bank", no proof is offered for such proposition and petitioners indicate that there is no other feasible place to put the beach house,that only the proposed location has sufficient room for it. In considering the third factor, whether the requested variance is substantial, there is no question that petitioners do seek a substantial variance, Le. the application is entirely seaward of the bulkhead, when a 75 foot setback is required. Although the respondent maintains that it relied upon the finding of the memorandum of the Local Waterfront Revitalization Program(LWRP), which determined that the proposed structure was inconsistent with the LWRP policy, the Trustees of the Town of Southold determined that there would be no environmental impact based upon the location of the proposed structure and its construction was to be in accordance with the FEMA requirements. Thus,there has been no real showing of an adverse environmental impact upon a grant of the variance (consideration numbered"4"). Finally,as the structures were destroyed by a storm,petitioners did not create the difficulty,thus no adverse determination can be found in reference to consideration numbered"5". The Court finds, after reviewing the five considerations of Town Law§267-b (3)(b) and in balancing the equity of the parties,the record lacks sufficient evidence to support the rationality of its determination. Accordingly,the petition is granted solely to the extent that the determination by the Zoning Board of Appeals of the Town of Southold is annulled and the matter is remitted to the Planning Board for approval of petitioners' application. Submit judgment. A.J. . SURVEY OF PROPERTY SITUATE; NEW SUFFOLK /.�,4 N TOWN OF SOUTHOLD 4` - ; �o.F w E SUFFOLK COUNTY, NY ,� ;' �''�an/e NY SURVEYED SEPT.12,2001 \ i/ — -���' S PROP.POOL 00T 22,2001, I �i OCT.23,2001,NOV.16,2001 ' n' �2� 46°37, NOV.II,2001,05-16-2013,06-20-2013 ,o i — J SUFFOLK COUNTY TAX t$'S 1000-II1-3-84 �,. // i i I R „i / IV1 j LC/ 4 ,99 , /• I SANFORD /J �ffi SM1p/ , u / , I r1r �'� 41)/ ///�// / • � i m .• 4.,.. , , , i HiLii,/, /_ ii.,/ m ..,3-A ,, '+L doh LD1 22---- d' i /8 //ilia] (3.'CC e 0 „,,f ' '�� 1 4, 04ZI // / / Vje ji”!Ili,,.., 40 CO. 401,I yr,! °,le 4% I /171( 2-4/LY "-b'10 iv4sA R, fo 4oEe ./� //I 3 0,4, ) , Q... r\ ,/.47/10,f., co' ' 14/ '—' ,,,,,9-g,;./94 r /\ sf 4114 l"e /if 4.i. a' .9eQ.,: i 14 . At'-Witilk. i O DETAIL I"=10' / / PROPOSED REPLACEMENT BEACH SHED 0 TO BE AT ELEVATION 84 ADJOINING FLOOD ZONE VE EL 8 Vow •,_,,,,,_•-_ ,„ ,, A„ A5 SHOWN ON FIRM 3610300501 H PREVIOUS BEACH SHED DESTROYED BY STORM rr .<.n.<•••�~•��a....,...<�•d •• d ;;:glitargiEtalgii NOTES NOTES, JOHN v ..a... ..,:i;.q'e.,.,a.,..m...,...,�,.�. ELEVATIONS REFERENCE NSVD'24 DATUM a .1 OH1�1 C.EHLERS LAND SURVEYOR LOT AREA= 19,112 S F OR 0.4525 ACRE • MONUMENT FOUND GRAPHIC,=ALE In= 30' 6 EAST MAIN STREET N.Y S.ISG NO.50202 MININIMmi RIVERBEADN Y.11901 369-8288 Fax 369-8287 REF D:UOBS\07107-199 SURVEY OF PROPERTY SITUATE: NEIN SUFFOLK TOWN OF SOUTHOLD �\ ' N SUFFOLK COUNTY, NY m <Qna ,i_ E SURVEYED SEPT. 12, 200-1 I 1- -- _ Stroh, W -- PROP. POOL OGT. 22, 200-1 ` , hQr r pOro) SUFFOLK COUNTY TAX #'S / �� /,'� — 28� n �oe6/er/y op. S 1000 - Ill - 3 - 8.4 4), Sry6o CBltT1F�T0: ip _i� -/ ---26� 3,s SANFORD a FRDE ANN /- '� — /9 ELIZABETH M.F1�SANN , //— •38');f i/ ory i/ fig+ �Z \0 IN 1(40 / 4114.%144.444 1, ` , 24 �, ,02, I J l 221' COZ 'cr 14 0 r. o '}.- \,.0.,h0 i / , I - � Oce / i / /�%Q No�,'c°' ry ��tb, mom.0°-g) q, r �, i 49.5' 41, Q . / _♦ / Z' , 158 ot• '-o •/ / // ` ♦) likie Q',Q - — y-� o, ' /��` / -`a`' pow o O' 22_ ,; , :/�/� - ____ o~fie ---', Ii, // // /i.„ / oCV kILLP/ , mzI :l �iiiim Qr/ bo � lI /Q 141./Z*1 '9 Shin s �► t t� D Q,,/ ///// / (.15Y N.,. 41111111111 „.°0 / //////// 61 IV El , NOTES: �.,:,,_.. ),,, . t 9a f � v`-� �3 (;�' ,�,.,h map'Unauthorized licensed lea urveyorn to a survey 71 { .,9, neo gearfnQ a lleensea lendr9wveyor a seal is e I p q 4'3', 1 violation of section 720g, sub-div Lion 2, of the d`�.,1.. , `71 ' New York State Education Lew CIO) Of f { O t "Only copies from the original of this survey /� /�B 1 ,/� j V -, \.\`�`�•;t r ?r marked with en original of the lend surveyor's ■ MONUMENT FOUND ' pi 1 /v!{{(/] ) `„ r,\ r'., J`v_, { stamped seal shall be considered to Da vat;true t(J// `.4,/ cop es' • °rl ,\\\ �' 1 1 "Certifications indicated hereon signify that this (7fly" se,,, , \ 1 \�'r� Survey was f pfCct1 in accordance kith the ted It lgi I ✓ f �) Sating Cade of Prete ice for Lend Of Professional etlopte0 ,�`� f! y(,.`-502 .•�s,4!)7 v gy the Nev York State Aasodfat ion of Prot8991one1 ELEVATIONS REFERENCE N6VD '2' DATUMIteR " 2 i 1 ! i°" I �"�••� - '� Lena Surveyor.. Said cart tftdetions shall run only c'4°)'<1 ' ‘-ti,' - FJ /�^.f j:5' iY to the parson for Mnan the survey 19 prepares, IV `.'�'�ti+ aJ V r�S� and on his behalf td the title company, governmen- talLOT AREA = Ic{,112 S.F. OR 0.4525 ACRE ( agency end lending lending institution listed hereon, end �q/' O ��/ -d='�'` to cne assignees 0([n. lenatng lnectcaeion certSnca- `E'' tions are not transferable to edditlonal institutions JOHN C. EHLERS LAND SURVEYOR GRAPHI G SCALE:I"= 30' 'iiktieSt 1 e VO- ( 6 EAST MAIN STREET N.Y.S.LIC.N0.50202 V �/� 9 RIVERHEAD,N.Y. 11901 C/" /� 14,; :)9,1,P1 369-8288 Fax 369-8287 REF.D:UOBS\07\07-199 . , 0_p__6 'ice ,, AP`"ROVED AS NOTED • DATE: / _ 8.P.4 gent tT 7T /li: ---- -01- - -: "---- "ivre..w. FEE: t 10U0BY:, RETAIN STORM WATER RUNOFF NOTIFY BUILDING DEPARTMENT AT OCCUPANCY OR PURSUANT TO CHAPTER 236 I 765-1802 8 AMI TO 4 PM FOR THE OF THE TOWN CODE. FOLLOWING INSPECTIONS: USE IS UNLAWFUL 1. FOUNDATION - TWO REQUIRED �.- - • 3. 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