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Home My WebLink About41580-Z ��Q�gUfFalq•�, � Town of Southold 6/19/2017 o P.O.Box 1179 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 39021 Date: 6/19/2017 THIS CERTIFIES that the building ACCESSORY Location of Property: 100 Park Ave, Mattituck SCTM#: 473889 Sec/Block/Lot: 123.-7-3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 4/28/2017 pursuant to which Building Permit No. 41580 dated 4/28/2017 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 TENNIS COURT WITH 8'FENCE PER ZBA DECISION#7042, DATED 04/20/2017, AS APPLIED FOR The certificate is issued to 100 Park Avenue Corp of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED thoriz Signature " TOWN OF SOUTHOLD �°SOFFnc BUILDING DEPARTMENT ' TOWN CLERK'S OFFICE o • 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#: 41580 Date: 4/28/2017 Permission is hereby granted to: 100 Park Avenue Corp c/o Paul Pawlowski PO BOX 783 Mattituck, NY 11952 To: accessory tennis court with 8' fence as applied for per ZBA#7042, dated 4/20/2017. At premises located at: 100 Park Ave, Mattituck SCTM # 473889 Sec/Block/Lot# 123.-7-3 Pursuant to application dated 4/28/2017 and approved by the Building Inspector. To expire on 10/28/2018. Fees: ACCESSORY $100.00 CO -ACCESSORY BUILDING $50.00 Total: $150.00 J i ding Inspector *OE SOUlyolo cou TOWN OF SOUTHOLD BUILDING DEPT. 765-1602 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PL13G. [ ] FOUNDATION 2ND [ ] SULATION [ ] FRAMING / STRAPPING [ FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) REMARKS: Elad GLkove, raw �V4, (.Nk-v v K_ A N - DATE INSPECTOR FIELD IN IoRlr AAT IL FmM AMN(1ST) 00 � _ C • ww ww}wwwrwwM www PYwwww.YwwYww r 1 o ROUGE FR1`1C�& PLUMBING -+-- IN�.YJ'LATION PEA N.Y. , STATE ENEI.2GY cbi) l ft'v *f r " gal Aim FINAL i lip_ � z . b TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey v South oldTown.NorthFork.net PERMIT NO. I Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application - Flood Permit Examined - '' { Single&Separate Storm-Water Assessment Form 74I Contact: d 1 ® 20 Mail to: Disapprov, one: "� 13 3<19 Expiration l ut mg Ins ctor D i 2097 Date / // , 20 2 INSTRUCTIONS a. iiBlIrMIG e completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of pVVI e. Fee according to schedule. b. log t�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 necessaryspe� s. PROVED A, �NTEM ��, OAT E �' .. B•P• �i Aature of applicant or name,if a corporation) FEE fid , BY. ok3 MOTIF BUILDING:, DEPAR i tu`iENT AT \ \I ' 765-1802 8 AM TO 4 PM FOR THE Fri� � � L (Mailing address of applicant) 1 �1C IppvR°ECTIONS: Stat O�U DA UN�canvg*fj,' Ebsee, agent chitect, engineer, general contractor, electrician, plumber or builder FOR POURED CONCRETE 2. RE)UGH sIsir 3. 1�.SULATION �L Nay t1� neC°dl�r�t [ iON1 SM COMPLETE FOR CO. (As on the tax roll or latest deed), If apR1LLc�P4��Fob�ptfre'tic5h�fisigrlal�cTe��luly authorized officer CSO f''L"y VVIT1 ` ALL CODES OF REQUIREMENTS OF THE CODES OF NEW NEW YOR'ri STAIT:: & TOWN CODES YOWeff6fi5J blifil o'�&OWrp"�r` er) ",S REQUIRED ',NID CONDITIONS OF Buil lfb&ge STRUCTIONM ERRORS. .�,,,..SCUTNOLG TOM Z3A Plumbers License No. , „ , •„D Electricians License No. .anm�.� u n�� + u D Other Trade's License No. w� 1. Location of land on which proposed work will be done: 49K) Aftelz /4-1 ly Douse umber -Street Hamlet County Tax Map No. 1000 Section 2 Block 7 Lot 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 622liyPi,�/7r�� b. Intended use and occupancy 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work �,��s (Description) 4. Estimated Cost Fee (To be paid on fitinc 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 Deptlb Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number o(S-toliEk,s-R,,, 8. Dimensions of entire new construction: Front Rear i ! e Height Number of Stones 9. Size of lot: Front 1.-) D Rear /�V Depth 10. Date of Purchase "•''.. c,Pyr;;�'�'�' T Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO, Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor f� Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater 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 1J` * 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 NQ�� * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ` u / being duly sworn, deposes and saW' j l(B0wE1WKpplicant (Name of individual signing contract)above named, Notary Public,State of New York No.01 BU6185050 Qualified in Suffolk County (S)He is the G4lz"�"-7 Gernrnisslen Expires Apri 14.2h,;4— (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 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. SMo before me this ee�� day o 20 J 1 IL ° P Notary Public Signature of Applicant FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 19, 2017 TO: Paul Pawlowski PO Box 783 Mattituck, NY 11952 Please take notice that your application For permit for a tennis court with an 8' fence at Location of property: 100 Park Ave, Mattituck,NY County Tax Map No. 1000- Section 123 Block 7 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-105, which states, "Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. "When located in the front yard of residential zones, the same shall not exceed four feet in height" L Authorized"'Signa ure 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. BOARJAMMBERS ®SgfFU(Xt, Town Hall Annex Leslie Kanes Weisman, Chairperson ��o� °Gym 54375 Route 25,Main Road Patricia Acampora,Memberc P.O.Box 1179 Eric Dantes,Member N ,z Southold,NY 11971 Gerard Goehringer,Member • Telephone(631)765-1892 Nicholas Planamento,Member y'�"pl .�`� Fax(631)765-6641 o c�c�c�ad� DONING BOARD OF APPEALS APR 2 5 2017 TOWN OF SOUTHOLD RECEIVED `�f iU 9:y3 a - BUILDING DEPT. TOWN OF SOUTHINGS,DELIASR 2 4 2017 DELIBERATIONS AND DETERMINATION �' MEETING OF APRIL 20,2017 S t 'Old Town Clerk ZBA FILE#7042 NAME OF APPLICANT: Paul Pawlowski PROPERTY LOCATION: 100 Park Ave Mattituck,NY SCTM No. 1000-123-7-3 SEORA 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 February 10, 2017 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 March 23, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the Coordinator's redommendation that the proposed action is CONSISTENT with the LWRP Policy Standards, and therefore, is CONSISTENT with the LVRP. PROPERTY FACTS/DESCRIPTION: The property is a code conforming 1.534 acre parcel located in an R-40 Zoning District. The parcel measures 120.81 feet along the southerly property line front the Great Peconic Bay, contiguous to residential parcels at 564.15 feet along the easterly property line, and 558.47 along the westerly property line; and 120.00 feet along the northerly property line fronting Park Avenue. In addition, the parcel is improved with a one story framed house and garage, an in ground pool, and an automatic gate as shown on a survey prepared by John C.Ehlers LLS, dated December 2,2016 and updated January 10,2017. BASIS OF APPLICATION: Request for Variance(s) from Sections 280-105 and the building inspector's January 19, 2017 Notice of Disapproval based on an application for a permit to erect an eight foot fence surrounding a tennis court in the front yard at 1) more than the code required maximum 4 feet in height when located in the front yard at 100 Park Avenue (Adj)to Great Peconic Bay, Mattituck, NY RELIEF REQUESTED: The applicant requests a variance to build an Hoot tall fence around a proposed tennis court in the front yard where the code permits a maximum of 4 feet in height. ADDITIONAL INFORMATION: The applicant submitted documentation and testified that the section of Park Avenue where he resides is a private road which he privately maintains. He further described the automatic gate at the end of Park Road separating the publicly maintained road and the privately maintained section of the road. The Page 2,Aprj�20,2017 #7042,Pawlowski SCTM No. 1000-123-7-3 applicant offered to plant evergreen screening so that the fence would not be visible from neighboring properties. Additionally, the applicant testified that there is a great deal of water runoff from the adjacent airport runway which makes it unfeasible to build a sunken tennis court. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 6,2016 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 4267-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 property has residential neighbors on the East and West and there is an airport located to the North. With evergreen screening, the fence will not be visible from neighboring properties or from the public road. 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 property is a waterfront parcel, and the construction of a tennis court in the rear yard would not be permitted due to the existing setbacks from the house and pool. A sunken tennis court would not be a reasonable option because of potential stormwater runoff from the local airport would cause the sunken tennis court to transform into drainage ditch during periods of rain. 3. Town Law 4267-b(3)(b)(3). The variance(s) granted herein is mathematically substantial, representing 100% relief from the code. However, the property is located on a private road across the street from an airport and the tennis court will not be viable to other nearby residential properties with the installation of the proposed landscape screening. Additionally,the tennis court and fence is proposed to be set back 50 feet from the private road.. 4. Town Law 4267-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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Proposed planting of evergreen vegetation screening by the applicant should visually buffer the fence and tennis court. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 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 a tennis court while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the Survey by John C. Ehlers, LLS last revised January 10, 2017. Page 3,Apo 20,2017 #7042,Pawlowski SCTM No. 1000-123-7-3 SUBJECT TO THE FOLLOWING CONDITION: Evergreens shall be planted and continuously maintained to fully screen the entire fence and the tennis court. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Dante, Goehringer and Planamento (Member Acampora was absent). This Resolution was duly adopted(4-0). c Leslie Kanes Weis an, Chairperson Approved for filing Y 1Q1 /2017 5URVEY OF PROPERTY E 1�� i�DYy SITUATE: MATTITUCK �� ✓� �� TOWN: -50UTHOLD S FFOLK COUNTY, NY N `� SURVEYED07-18-20103-2 v FOUNDATION LOCATATIONN09-20-201 6 FINAL 12-02-2016 po�N GPtg PROPOSED T.C. 01-10-2017 SUFFOLK COUNTY TAX# p c 00 / 1000 - 123 - 7 -3, �o CERTIFIED TO 100 PARK AVENUE CORP. PAUL PAWS FIDELITY NATIONAL TITLEE INSURANCE RANCE COMPANY 10 0 co -&0� 0 6° 7 O A (� O; 7 °yam `o N N °1 o,�L Z2 O �I 1 i O.� 0 KGs < O QO o� a '° AVeR 0`x r�0e y O� ,os a Ta- lS Z� 1 5E Z Nu O � � cz� ?pt0 0� O F xy3 ytoNt3 00, \0*`a 6100 G - �G•e .y 0 OlS 55 � <°2c O 0<�� FINAL MAP °00 REVIEWED BY ZBA �� Q�4�N� N 01\ SEE DECISION # `70 ` DATED /do 6%1-7 � 7� °Z� TOP OP HANK .. . . �HEPONJ Fti0°DZO�E�br 70A 57 5 F�Ooo - G��P FEMA FLOOD ZONE ANNOTATED FROM F.1 R.M.3G 103C0482 NOTES ZlnaalhoMW ollaol,m m odd,hm to a survey ® MONUMENT FOUND JOHN C. E H LE R5 LAND 5 U RVEYO R F fv� mea baar,nq a ueenaad land ole[co;a Baal, ® I„_ _wt,—I of sacbm]2t19,sub-d,nswn 2,°f the ® PIPE FOUND ` C F (/dJ New Yak Stole Educabw tow' 7� 'Only con,ce Iran the m,gmal of INs survey --o---- WIRE FENCE �'°� F.A��M mm4es x+at ll ramal of the land vald true �l- _e°� slamosd seal nnall be considered to be voLd true eaP,e; 6 EAST MAIN 5TREET N.Y 5. LIC. NO. 50202 ye ¢• cmbnaa0ana mmmled ereon s,9nrty tool Isla ey woo meamed.n ao,dmc<won m<ow Area =G6 861 Sq.Ft RIVERHEAD, N Y. 1 1901 3G9-8288 Fax 3G9-8287 '<''"9`°°<°`P`°`'"°'°'Land 5I_` °d,a'°' Area = I.534 Acres Z by the New York State Asso-t-of Prolas9ion01 <� Q' bond Surmya: sold cerbrcol—s snort run a ly G APHIC SCALE I"=50' Ion 15landland5urve or.com n O o the ners°n far.nam Ina aar"y 9 P,eaored, 9 Y F and m h.,behalf to the Mlle mmpony,governmen- 'L S0202 .�� lel°slay and lenev,y,nebwbm hatee hereon and 13-188 SFO LAND SJR a si:nss "°11 12'ee,oe el as to al:i lt� �s N SURVEY OF PROPERTY _�T� E 51TUATE : MATTITUCK TOWN : 50UTHOLD S 5UFFOLK COUNTY, NY SURVEYED 07-18-201 G FOUNDATION LOCATION 09-20-201 G \ f FINAL 1 2-02-201 G o�P�N got PPROPOSED T.C. 01-10-2017 0 SUFFOLK COUNTY TAX # ��0�0 0 1000 - 123 - 7 - 3 55,t� ` Q � CERTIFIED T0: 100 PARK AVENUE CORP. PAUL PAWLOWSKI OFIDELITY NATIONAL TITLE INSURANCE COMPANY O � 60 y� -c\ °�° O� Z /f v� 0o G • �?' a CoQ ,a f�n� ��``� ��°� , /� Z �OZcSO�� -- -O VEP WAL C\4 T lL� Q o 1 F`\� O�� 5� S? 0, Acle \ 15 & c roe '� .�a' �' Z O// <p NN °� G <O �O C515�0 < • Qp�a 110 � < °-c\ ,7 I-OF OF BANK � . . . . . . . . . _ r6�AGY1 f J� � 70FV000 ZONA J I �0 • 1 ON\G G� FEMA FLOOD ZONE ANNOTATED FROM F.I.R.M. 3G 103CO482H NOTES e�^9 "Unauthorized alteration or addition to a survey t ° map bearing a licensed land surveyor's seal is a ® MONUMENT FOUND '� ed U� p_ violation of section 7209, sub-division 2, of the Q PIPE FOUND JOHN C. E H LE R5 LAND 5 U RVEYO Rc,2 � �N�. ti� 6q New York State Education Low" •V.� Q '°s" "Only copies from the original of this survey �— WIRE FENCE �N marked with an original of the land surveyor's stamped seal shall be considered to be valid true " L copies" G EAST MAIN STREET N.Y.S. LIC. NO. 50202 y� 'Certifications indicated hereon signify that this ^t �} survey was prepared in accordance with the ex- Area = G6 8G 15Ft. RIVERHEAD, N.Y. 1 1901 3G9-8288 Fax 3G9-8287 r� to .sing Code of practice for Land Surveys adopted -`' ee Q` by the New York State Association of Professional Area = 1 .534 Acres Land Surveyors Said certifications sholl run only longlslandland5urveyor.com tis so20 �� to the person for whom the survey is prepared, GRAPHIC SCALE I a= 50 �O �� and on his behalf to the title company, governmen- kAND civ tal agency and lending institution listed hereon, and to the assignees of the lending institution Certifica- 13-188 tions are not transferable to additional institutions