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Home My WebLink About10760-zFORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No..[ 1. .I .?..2..4.. ......... Date ..... $.ep.t.e. ~3.b.e.~.' ?.8 ..............19 ~)~. THIS CERTIFIES that the building ................................................ Location of Property . .65.-5. .................. ~ .r3.~.%.h...Rg.a.d. ............. ?.t~.qo.n..~9 ....... House No. Street Ham/et County Tax Map No. 1000 Section ...0.9.8. ...... Block .. 0.6 ........... Lot ....0.0.7. .......... Subdivision.. $o.d.~.g .n. ~.e.q .19..P.a~l?. 1~ .......... Filed Map No. 55.1 ..... Lot No. fi.4. .......... conforms substantially to the Application for Building Permit heretofore ~ed in this office dated ..... .A p?.~.l...1.5 ......., 198. 9. pursuant to which Building Permit No...1.0.7. 6. .0..g. ........... dated ..... ,.1 t3 .J- y.. 1. ................ 198. 0.., was issued, and con forms to all o f the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... a p~'/vate one-fam:[l~ dwe!l~.ng. The certificate is issued to Joseph ~ t. P/Or're ................... ? d ;n'o 'r, /- ..................... of the aforesaid building. Suffolk County Department of Health Approval .9..:..$.0.-.8.2. ~..8./..2.3/.8.2. I. ?.o.b..t :..~: . .V.:[.J:. J:. .a j..P. E, UNDERWRITERS CERTIFICATE NO ......... g. . .4 .9.4. 9. '(~ ................................ Rev. 1/81 Building Inspector FOt~ NO, ~ TOWH OF $OUTHOLD BUILDING DEPARTMENT TOWlq CL£RK'$ OFF[C£ SOUTH'OLD, Iq. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PI~EMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 10760 Z Permission ~s hereby granted to' ............... !.!.~'..Z..~.~!.f....-c..?..! ......... ~..:: ...... I~ v ~ ~. ~o ........~V,...,M.. ~I.. ~>. ....................... $~ ........................... ~ ........................................... pursuant to applJcatlon dated ............................... ~.J~......~.,~ 19.~.~, and approved by the Building Inspector. Fee $ ...... Building Inspector FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings 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 of Health Dept. of water supply and sewerage disposal--(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent inferred- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use 3. Copy of certificate of occupancy $1.00 $5.00 Date .A.T~p~T~.~..3.0.,..[9~2 ....... New Building .... .~.~. ...... Old or Pre-existing Building ............ Vacant Land ............. Location of Property .~, .S.~E.~.~..~..0.A.D. .......................... .~.~.C.O..~.[.C ............... House No, Street Hamlet Owner or Owners of Property JOSEPH F. ST .PIERRE County Tax Map No. 1000 Section ....09.8. ........ Block ...... ./+ ........ Lot ..... .7 .......... Subdivision .[.N..~.~.A.~.. ~.~.C.~...~.A.~?. .............Filed Map No .... ~.~.~ ....Lot No ..... ~.~ ....... Permit No. t07~)0Z Date of Permit 7/1/80 .Applicant J'F' St,. P:J. ez~z"e Health Dept. Approval .~/.2.~./..~ .2.,....c)-S0-~2...... .Labor Dept. Approval .... '~--.,.-.-. .............. Underwriters Approval...~../~.cJ.~2. ............ Planning Board Approval . .~T.-.-.-. .............. Request for Temporary Certificate.. XX .Final Certificate Fee Submitted $ ~...0.0. ........................ Construction on above described building ar~e~mit,~ t~~and regulations. THE NEW YORK BOARD OF FIRE UNDiiRWRITERS BUREAU OF ELECTRICIT~ ~ ~t~%' ~, ~[.9~5 JOHN STREET, NEW YORK, NEW ~ORK 10038 Date Jpplication ~Vo.o.~.~ 090036 THIS CERTIFIES THAT only the electrical equipment as ~scrlbed be~w and int~duced by tt~ applicm;t na~ed on the able application number Jn the premises of J. ~ in,hefollowinglocation; ~Basemen, ~: I~,FI. ~ 2nd Fl. SectionO98Block 4 Lot 7 ~.~ ~,,,i,,~d on ~p~r ~, ~¢~0 and found to be in compliance w th the requirements of this Board. FIXTURE FIXTURES RANGES CKS OVENS EXHAUST FANS OUTLETS SWITCHES FLUORESCENT 19 14 DRYERS SYSTEMS NO OF FEET E OTHER APPARATUS: z 2 Shr~e Detectors E R NO OF CC COND A WG. PER ~ OF CC C~ND 2 V I C NO OF HILEG AWG OF Hi-LEG AWG OF NEUTRAL 9 No. Amttyville, N,Y. 1170! Thru certificate must not return to the office of the Board IN ANY F"i ~,-.~ Ax L ROBERT W TASKER Town Attorney ~NEY TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 June 5, 1980 Mr. George H. Fisher Building Inspector Town Hail Sou:hold, New York 11971 Disapproval of Application of Joseph St. Pierre for Building Permit Dear George: You have submitted to me certain information considered by you in the disapproval of the application of Joseph St. Pierre for a building permit to build a dwelling on Lot No. 14 as shown on the subdivision map of Indian Neck Park (Map No. 551, filed/V~ay 27, 1913) and asked for my opinion as to the correctness of your decision. As near as I can ascertain, the facts are as follows: On June 26, 1962, Francis J. Cerny and Dorothy A. Cerny acquired Lot No. 12 and in 1963 built a house thereon. By deed dated July 28, 1965, Mr. and Mrs. Cerny also acquired Lot No. 14 which is contiguous to Lot No. 12. On November 23, 1971, the Zon- ing Code was amended to increase lot sizes in the residence zone to 40~ 000 square feet. On February 14, 1972, Mr. and Mrs. Cerny sold Lot No. 12 to Silvio and Lorraine Cons:an[inc. On May 29, 1973, Section 100-36 (substandard lots) was added to the Zoning Code. On October 12, 1979, Mr. and Mrs. Cerny sold Lot No. 14 to Joseph St. Pierre. I a~r~ assuming that when Mr. and Mrs. Cerny purchased Lots 12 and 14 that prior thereto, each lot was held in single and separate ownership. It is apparently the position of the applicant and his representatives that by virtue of Section 100-36 of the Code and Judge Lazer's decision in Matter of MackDy y. Mayha11, 92 Misc. 2d 868; 401 N.Y.S. 2d 679, that no variance is required in order for the Building Inspector to issue a building permit for the construction of a dwelling on Lot No. 14. I disagree with such position. Mr. George H. Fisher -2- June 5, 1980 Assuming that Lot 12 and Lot 1'4 each conformed to the lot size requirements prior to the 1971 upzoning, then Mr. and Mrs. Cerny could have conveyed each of these lots and dwellings could be constructed on each lot up to tile time of the 1971 rezoning. However, this is not the case, since Mr. and Mrs. Cerny continued the ownership of both lots up until February 14, 1972. The effect of the 1971 increase in lot size requirements was to make the Cerny property substandard. Section 100-23C of the Code provides as follows: "No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chap- ter for the district in which said lot is located. No building permit shall'~ be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter." (emphases supplied) It is obvious therefore that when 1Vir. and Mrs. C~rny conveyed Lot No. 12 in 1972 that Lot 14 was formed contrary to the provisions of Section 100-23C. It is further obvious that tile Building Inspector is prohibited by this Section from issuing a building permit. As previously stated, Section 100-36 was enacted in I973. Prior thereto there was no exception or merger clause in the Zoning Code which would except non-conforming lots held in single and separate ownership prior to the enactment of the Zoning Code of any amendments thereto. This being the case, I am unable to understand how the applicant can claim the benefit of the exemption clause provided by Section 100-36 since it was not a part of the Zoning Code until more than a year after Mr. and Mrs. Cevny sold Lot No. 12. I am also unable to understand how the Mackay decision is helpful ~0 the applicant's case, since Judge Lazer held in that csse that the merged lots cannot be divided without a variance based upon a showing of hardship, and thus this decision is contrary to the position taken by applicant. For all of the reasons set forth herein, I am of the opinion that you acted correctly in denying the application of Mr. St. Pierre for a building permit in the absence of a variance being granted by the Board of Appeals. Yours very truly, ROBERT W. TASIq2ER RWT:MY FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined .Z~...4". ( ff..-ff..~)..., 19~.q //0'7 ~ tO ~ Approved~.~.t'~ ...... ~Q .., 19?.O. Permit No. Disapproved a/c .... . ~..'T'... ;----7. · .~'7 ..... 7 ........ '/ · ................-... APPLICATION FOR BUILDING PERMIT Application N~ ....... Date . ...... 19£.O INSTRUCTIONS. a. This application must be completely filled in by typewriter or in ink and~ submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to scheddle. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn 6n the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d, Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept ~on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southgld, Suffolk Count}/, yew York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, ad~liti0ns~ or alterationS, (Jr for removal or demolition, as herein described· The applicant agrees to comply with ail applicable laws, ordinances, bc4td4ng code, housing ~ .o~.,.and regulations, and to admit authorized inspectors on premises and in buildings for necessary i~spe~tion~-% ~(~_~.,.xx~ X ¥-- % 'x~ ~) ~ ...... ........ (Signat~e of'a~plicant, or name, if a corporation) .~..S.I..L.V.E.R...A.V.E...,..I-t.U.N.T .I.N.G.T..QN,..NY,. 117/,~... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. OWNER Name or owner of premises ,..d..O.S.E.P..H..S.~.:..P.I.~.R.R..~ ................................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Nmne and title of corporate officer) Builder's License No. OWNER Plumber's Ltcense No .... Electrician's License No.. Other Trade's License No ..................... 1. Location of land on which proposed work will be done. ~~. ~Q.Q .~.T .~9~.T~. P~. .... .......................................... ...................... House Number Street Hamlet County Tax Map No. 1000 Section ....... ........ Block .... k ............ Lot .... 7 .............. Subdivision./~Z~..~.C&. ~. ...... Filed Map No... 55.~ ........ Lot.. ~ .~ ......... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .... ~~ ................................................... b Intended use and occupancy . . .~.!~ ...................................................... 3. Nature of work (check which applicable): New Building . '..X ....... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... .__/,,_, ¢5l~ (Description) 4. Estimated Cost ... 25.~.500,Et0 ........................ Fee~.~...O../...--¢7~. ......................... .. (to be paid on filing this application) 5. If d~elhng, number of dwelhng umts~ .... 1 .......... Number of dwelhng umts on each floor ................ If garage, number of cars ..... N.Q ............ , ..................................................... 6. If business, commercial or mixed occQpancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alierations or additions: Front ................. Rear .................. Depth ...................... H~ight ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front .. 272../+~.~ ...... Rear .. 27. ~../+Y ...... Depth ... 2.7.~. .Q~.t ..... Height, . . 22.L .6~! ...... Number Of Stories . . 2.8.TQ~;[.E.S. ........................ 9. Sizeoflot: Front .. ~l.O0!. 0.". .... I ....... Rear .lOO,~l,l' ........... D~it~ 1~:56 x 1~'9.12 ' 10. Date of Purchase . .O.C.TQ.B.E.R. ,.. *9.7.9. ............ ~ame o~'F'd~dr'0~v'n'e'r' 11. Zone or use' district in which premise~ are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded ...YES ....... . ............... Will excess fill be removed from premises: X Yes No 14. Name of Owner of premises . J..~, .:ST....PIERRE. Address . .ttlJNT. I$GT.O.N ..... Phone No.. 5~,9 .-8.7.~8 .... Name of Architect ~.Ug.U~.~'IJ.S..S. IJO[~I..~ ......... Address . .C..E.D.A.R.I~IJ.R.~.T. .. Phone No.. 5.6.c2 .- ./+~./*~ .... Name of Contractor J.F. ST. PIERRE Address . Phone No. Meehan~.eal gng~,naer~ Energy Caleulag~.ons- BEN SILBERSTEIN HIeKSVILLE PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEWc~yOJlK, COUNTY OF ....'~' · .~-r~2~..~.~ ................ being duly sworn, deposes and says that he is the applicant , , (Name of individual signing 4ontract) above named· He is the ......................... , ................................................................ ' (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are trne 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 ................ /.~. .... day of.. ~ .~.Q-~ .......... 19.<~) P/,,~V, [ LA SINGER NOta,'¥ Pu,.,,C.No. 30-4698144St~° ¢,f New York ........ .~. .... ~ .~.. ~ .... Quallhed in Nassaq ~~ ~;x~~,.~ ( Sign atur~e~l~at% an t ) %