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HomeMy WebLinkAbout24571-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall 8outhold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-25673 Date: 04/23/98 THIS CERTIFIES that the building ADDITION Location of Property: 3235 MANHANMET AVE (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 43 Block 1 GREENPORT (HAMLET) Lot 8 Subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 19., 1997 pursuant to which Building Permit No. 24571-Z dated DECEMBER 22, 1997 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 DECK ADDITION TO EXISTING ONE FAMILY DWELLING "AS BUILT" & AS TO CONDITIONS OF ZBA #4492 DATED 10/9/1997. The certificate is issued to WALTER & LORRAINE KLEIN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A N/A N/A FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HAU. $OtJ'~HOLD, BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETiON OF THE WORK AUTHORIZED) 2~571 Z Date DECEMBER 22 97 Permlsslonls herebygrantedto: PAT MOORE A/C WALT KLEIN PO BOX 483 ........ ..................................... ..... CONDITIONS OF ZBA APPEAL # 4492 10/09/97 5255 MANHANSET AVE GREENPORT at premises located at ............................................................................................................................... CountyTax Map No, 4,,7.:5889 Section 0~3 Block 0001 Lot No. 008 pursuant to application dated ..,..N.~,V,..E,,M.,,B,.E.,.R.,..,.~,?, ........................ 19 ...... ?...7. ..... and approved bythe Building Inspector. 75. O0 Fee $ ......................... Rev. 6/30/80 A. 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 inspector with the following: for new 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. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and Vpre-existing" land uses: Ii Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, '" Additions to accessory building $25.00. Businesses $50.00., 2. Certificate. of Occupancy on Pre-existing Buildin~ - $100.00 3. Copy 9f Certificate of Occupancy - = .~5~. 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 ..... Date .... · ............... Hew Construction ........... Old Or Pre-existing Building ..... '.~... · Location of Property ........ - ............................ House No. Street Hamlet ~...~Ae../K.~. ~. ~z~. . ~c~ .......... Onwer or Owners of Property ................................... ~ B1 ~ / ~ot .... ~ ............. County Tax Map No 1000, Section .......... cc ................... · Lot Filed Map .......... Subdivision · ~ l ~t~rt~ ~-3-~' ~/ .~. ~ ~. .'~ :t~ .... . .. ... .. .......................... Permit No ..... te Of Permit ...... Applicant. Underwriters Approval ..... Health Dept. Approval .......................... Planning Board Approval ......... / Reques~ for: Temporary Certificate .......... ,. Final Certicate ........... Fee Submit ted: $....~. ~.. .................... f~ ~ .-~ (K.a~c . 5 q 3 ~ 3 . . . . . . . .0' . .'('=:. .~ . .............. CO :&O3G 7.3 APFLIC~ Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD April 13, 1998 Pat Moore P.O. Box 483 Mattituck, New York 11952 RE: WALT KLEIN, 3235 Manhanset Ave., Greenport 1000-43-1-8 To Whom This May Concern: We are unable to complete your Certificate of Occupancy because of the following reasons: XX An application for Certificate of Occupancy is not on file. (Enclosed) No Underwriters Certificate on file. XX The check is (not on file.)$25.00 No Health Department Approval on file. No final inspection has been made. No Plumber Solder Certificate on file. (All permits involving plumbing being issued after April 1, 1984). Thank you for BUILDING PERMIT # 24571-Z DECK AS BUILT Please contact our office on this matter. cooperation. SOUTHOLD TOWN BUILDING DEPT. 765-Z802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION2ND [ ] INSULATION [ ] FRAMING [/~] FINAL [ ] FIREPLAC~E~ & CHIMNEY REMARKS.' APPEALS BOARD MElvlBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Terrors BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~1823 Telephone (5 l 6) 765- 1809 October 14, 1997 Patricia Moore, Esq. P.O. Box 483 Mattituck, NY 11952 Re: Variances for Klein Property Dear ~re: Please find enclosed a copy of the board's decision, adopted at our October 9, 1997 Regular Meeting. A copy has today also been furnished to the Building Inspector's Office as an update to their initial Action of Disapproval and for use in the open building permit application file. Please be sure to amend your application for a building permit with the Building Department to show the reductions and conditions written in the ZBA determination. Very truly yours, Enclosure Copy of Decision to: Building Department w_,inda Kowolski APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Ir. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Halt 53095 Main Road P.O. Box 1179 Southold, New York 1197l Fax (516) 765-1823 Telephone (516) 765- 1809 FINDINGS, DELIBERATIONS AND DETERMINATION ' REGULAR MEETING OF OCTOBER 9, 1997 Appl. #4492 - WALTER KLEIN PARCEL 1000-43-1-8 STREET & LOCALITY: 3235 Manhanset Avenue, Greenport DATES OF PUBLIC HEARINGS: July 10, 1997; August 14, September 25, 1997 (final hearing). 1997; FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate along the north side of Manhanset Avenue, Greenport, and along the west side of a private right-of-way referred to as "Gull Pond Road." This lot contains a total area of 6,821.29 sq. ft. and is improved with a 1-1/2 story frame, single- family dwelling with sunroom, the "as built" deck in question, and "as built" accessory frame garag~ also in question. BASIS OF APPEAL: Building Inspgctor's Action of Disapproval dated May 28, 1997, which reads as follows: "...under Article III-A, Section 100-30A.4 Accessory structures are to be located in the required rear yard and have a maximum height of 18 feet, or 17.5 fee[ confirmed by applicant ( - also see memo of Ed. Forrester). Under Article IliA, Section 100-30A.3 of the Bulk and Parking Schedule, "as built" structures exceed the maximum allowable tot coverage of 20% (at) approx. 24.25% or by 292 sq. ft. Deck addition "as built" at 8.3 feet from setback ROW is in violation of 15 ft. minimum setback established by ZBA Appeals ruling of June 12, 1975, #2045. Under Article [IIA, Section 100-30A.3 normal required setback from ROW is 35 feet .... " '- AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1. "As built" 576 sq. ft. accessory work-shop garage building, substantially located in a front area facing a private right-of-way to the east, with an "as built" nonconforming setback at 2.4 feet. The height of this garage is confirmed by applicant's attorney to meet tile maximum 18 ft. height requirement (average mean height code defir~ition). 2. "As built" deck addition to existing dwelling. Applicant modified plan for consideration by removing 157 square feet of deck area, located on the north and east of the sun room. The removal of the deck area, as indicated on the revised survey dated Septem- ber 17, 1997 prepared by Joseph A. Ingegno, will reduce the existing lot coverage from approx. 24.24 feet percent to not g~reater Page 2 - October 9, t997 Appl. #4492:1000-43-1-8 (W. Klein) S,.,uthold Town Board of Appeals than 21 percent (exclusive of driveway and allowable 30 sq. ft. step areas). The revised plan will also increase from 8 ft. 3 inches to 11 ft. 3 inches the setback of the remaining 6 ft. by 27 ft. 8 inch deck to the right-of-way. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) In considering this application, the board finds that the revised plans submitted by the applicant and relief requested therein are the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safets) and welfare of the community. (2) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the accessory garage has existed for more than 15 years in its present location with no apparent ill affects on the existing R.O.W. or surrounding properties. Removal of approximately 50% of the existing deck area will decrease the degree of nonconformity in relation to both lot coverage and setback from the right-of-way. (3) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the size of the lot is extremely small, 6821 square feet in area, and there is insufficient land area in the required rear yard to locate the accessory garage. A cost estimate submitted by Arrco Corp. to remove the garage was in excess of $10,000. Such expense is unwarranted because the e:dsting location of the garage is of minimal significance. (4) The requested area variance is substantial, however, the applicant's revised plans reduce the degree of existing nonconformity in lot coverage and deck setback to the right-of-way. (5) The proposed variance will not have an adverse effect or'4mpact on the physical or environmental conditions in the neighborhood or district because the revised plan will be an improvement that will reduce the degree of nonconformity. (6) The situation has been self-created because the prior owner(s) failed to comply with the terms and conditions set forth in the Board of Appeals ruling #2045 dated June 12, 1975, and subsequent ruling ~2781 dated March 5, 1981. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was [~ESOLVED, to GRANT the application as amended, SUBJECT TO THE FOLLOWING CONDITIONS: l. The deck area comprised of 157 sq.' ft./. on' the' north and east sides of the sun room shall be removed within 90 'days, all in Page 3 - October 9, 1997 App[. #4492:1000-43-1-8 (W. Klein) Sou~hold Town Board of Appeals nccurdance with the revised survey dated September 17, 1997, prepared by Joseph A. Ingengo, Surveyor. No building permit, certificate of occupancy or other town entitlement shall be issued until this condition has been met. 2. The garage shall only be used as a non-habitable accessory structure. In no event shall it be connected to the principal single-family residence, nor shall it be occupied or used as a separate dwelling. 3. The garage shall not be expanded or replaced unless it is moved to a conforming area. 4. Access to the private right-of-way shah remain open 'at all times and there shall be no parking of vehicles within the right-of-way. 5. Grant of this variance supersedes all prior decisions of ~he Board of Appeals. 6. These conditions shall be permanently attached to the certificate of occupancy (C.O.), a copy of which shah be provided to the Board of Appeals within six months. AYES: VOTE OF THE BOARD: /VIEMBERS GOEHRINGER, DINIZIO, and TORTORA. (Member Doyen~m-~-~sent.) This ~lution was /~_ GERARD P. GOEHRINGER, CHAIRMAN /" Approved for filing Ac [ions. all / 43 - 1-8 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 14, 1997 Patrieia Moore, Esq. P.O. Box 483 Mattituck, NY 11952 Re: Variances for Klein Property Dear ~-~oore: Please find enclosed a copy of the board's decision, adopted at our October 9, 1997 Reg-lar Meeting. A copy has today also been furnished to the Building Inspector's Office as an update to their initial Action of Disapproval and for use in the open building permit application file. Please be sure to amend your application for a building permit with the Building Department to show the reductions and conditions written in the ZBA determination. Enclosure Copy of Decision to: Building Department Very truly yours, -[Xnda Kowalski APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortom BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1197l Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR 'MEETING OF OCTOBER 9, 1997 Appl. #4492 - WALTER KLEIN PARCEL 1000-43-1-8 STREET & LOCALITY: 3235 Maahanset Avenue, Greenport DATES OF PUBLIC HEARINGS: July 10, 1997; August September 25, 1997 (final hearing). 14, 1997; FINDINGS {PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate along the north side of Manhanset Avenue, Greenport, and along the west side of a private right-of-way referred to as "Gull Pond Road." This lot contains a total area of 6,821.29 sq. ft. and is improved with a 1-1/2 story frame, single- family dwelling with sunroom, the "as built" deck in question, and "as built" accessory frame garage also in question. BASIS OF Ai~PEAL: Building Inspector's Action of Disapproval dated May 28, 1997, which reads as follows: "...under Article III-A, Section 100-30A.4 Accessory structures are to be located in the required rear yard and have a maximum height of 18 feet, or 17.5 feet confirmed by applicant ( also see memo of Ed. Forrester). Under Article IliA, Section 100-30A.3 of the Bulk and Parking Schedule, "as built" structures exceed the maximum allowable lot coverage of 20% (at) approx. 24.25% or by 292 sq. ft. Deck addition "as built" at 8.3 feet from setback ROW is in violation of 15 ft. minimum setback established by ZBA Appeals ruling of June 12, 1975, #2045. Under Article IIIA, Section 100-30A.3 normal required setback from ROW is 35 feet .... " '- AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1. "As built" 576 sq. ft. accessory work-shop garage building, substantially located in a front area facing a private right-of-way to the east, with an "as built" nonconforming, setback at 2.4 feet. The height of this garage is confirmed by applicant's attorney to meet tile maximum 18 ft. height requirement (average mean height code definition). 2. "As built" deck addition to existing dwelling. Applicant modified plan for consideration by removing 157 square feet of deck area, located on the north and east of the sun room. The removal of the deck area, as indicated on the revised survey dated Septem- ber 17, 1997 prepared by Joseph A. Ingegno, will reduce the existing' lot coverage from approx. 24.24 feet percent to not greater Page 2 - October 9, 1997 Appl. #4492:1000-43-1-8 (W. Klein) S,.,ut. bold Tuwn Board of Appeals than 21 percent (exclusive of driveway and allowable 30 sq. ft. step areas). The revised plan will also increase from 8 ft. 3 inches to 11 ft. 3 inches the setback of the remaining 6 ft. by 27 ft. 8 inch dock to the right-of-way. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) In considering this application, the board finds that the revised plans submitted by the applicant and relief requested therein are the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safet~ and welfare of the community. (2) The granting of the area variance will not produce an undesirable change in charactor of neighborhood or a detriment to nearby proporties because the accessory garage has existed for more than 15 years in its present location with no apparent lil affects on the existing R.O.W. or surrounding properties. Removal of approximately 50% of the existing deck area will decrease the degree of nonconformity in relation to both lot coverage and setback from the right-of-way. (3) The benefit sought by the applicant cannot be achieved by some method, foasible for applicant to pursue, other than an area variance bocauso the size of the lot is extremely small, 6821 square feet hi aroa, and there is insufficient land area in the requirod rear yard ko locate the accessory garage. A cost estimate submitted by Artco Corp. to remove the garage was in oxcess of $10,000. Such oxponso is unwarranted because the existing location of the garage is of minimal significance. (4) The requested area variance is substantial, however, the applicant's revised plans reduce the degree of existing nonconformity in lot coverage and deck setback to the right-of-way. (5) The proposed variance will not have an adverse effect or'-impact on the physical or environmental conditions in the neighborhood or district because the revised plan will be an improvement that will reduce the degree of nonconformity. (6) The situation has been self-created because the prior owner(s) failed to comply with the terms and conditions set forth in the Board of Appeals ruling #2045 dated June 12, 1975, and subsequent ruling #2781 dated March 5, 1981. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application as amended, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Tile deck area comprised of 157 sq. ft..(on'tlie' north and east sides of the sun room shall be removed within 90 'days, all in Page 3 - October 9, 1997 App[. #4492:1000-43-1-8 (W. Klein) Sou~hold Town Board of Appeals ~ccerdunce with tile revised survey dated September 17, 1997, prepared by Joseph A. Ingengo, Surveyor. No building permit, certificate of occupancy or other town entitlement shall be issued until this condition has been met. 2. The garage shall only be used as a non-habitable accessory strncture. In no event shall it be connected to the principal single-family residence, nor shall it be occupied or used as a separate dwelling. 3. The garage shall not be expanded or replaced unless it is moved to a conforming area. 4. Access to the private right-of-way shall remain open 'at all times and there shah be no parking of vehicles within the right-of-way. 5. Grant of this variance supersedes all prior decisions of the Board of Appeals. 6. These conditions shall be permanently attached to the certificate of occupancy (C.O.), a copy of which shall be provided to the Board of Appeals within six months. AYES: VOTE OF THE BOARD: MEMBERS GOEHRINGER, DINIZIO, and TORTORA. (Member Doyen~m~-~sent.) This j~lution was Actions .a11/43-1-$ Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 April 13, 1998 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD Pat Moore P.O. Box 483 Mattituck, New York 11952 RE: WALT KLEIN, 3235 Manhanset Ave., Greenport 1000-43-1-8 To Whom This May Concern: We because XX Fax (516) 765-1823 Telephone (516) 765-1802 are unable to complete your Certificate of Occupancy of the following reasons: An application for Certificate of Occupancy is not on file. (Enclosed) No Underwriters Certificate on file. XX The check is (not on file.)$25.00 No Health Department Approval on file. No final inspection has been made. No Plumber Solder Certificate on file. (All permits involving plumbing being issued after April 1, 1984). BUILDING PERMIT # 24571-Z DECK AS BUILT Please contact our office on this matter. Thank you for cooperation. SOUTHOLD TOWN BUILDING DEPT. 3. I,lulule of work (oheok ¥/hlch epplicnlHe): Now lhllllllnl,~ .......... Ad(lille, .......... ^lletnllon '. ..... . .~.~. Itel)ail ........... ~ . . I~elliOvaJ ............. [)~loolJlJoll .............. OlJtel- WOlk .......... ,' . . ] . 'l. 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I)llll~ltSlollS ()~ eltlhe IlOt (~OlisJrtl0ll¢)ll: J~folll ......... , ...... I{ear ............... I)eplh ............... Ilelflhl ............... NttltiJJef of Stet'les ........................................................ 0. Sl~e el'lei; Ftonl ...................... J[elJl' . ..................... I)eplh ...................... 10. I)ale o~ Itttrchll$~ .................... , ......... J~JlilJte o[ I';ol'lit~l OwItel' . ............................ I I. Zo,e or'rise dlshlcl In which premises are sllualed ..................................................... J2. I)OI;$ i)loposetJ COltSllilclJoll YJoJaJe ally ZoIIJlIJ] law, OliJJltlllH;e el' le§tlJltlioil: ................................ 13. Will lei I)o relH'aded ............................ Will excess fill I)e r0moved from promises: Yes No I,I. NalllO o[ Owtter et' I)relltl$0s .................... A(lill'ess ................... l)holle No ................ NalJlO o~ ^rchile~l ........................... A(l(h'esa ................... Phone No ................ NalliO et' Colth'a0Jor ,,, ~ ...................... Achlro$$ ................... J'holle No ................ ltl this t)ropet'l~y PLOT DIAGRAM i.¢)Clil~ clUalJ¥ allll (IJ$1htclly ell I)tllJ(linl~9, whelher 0xl$11,8 or propose(I, ell(I. In(lleMe all sel-I)nck (llmen$1ot~a hem I)lOl)el Iv lines. Give $hcel and block mtlttJ)el or (les(rtl)riel) ncc()r(ling lo cleo(I, find show Bit'eeL liame$ fltt(I I,dhmle whellmr inlctlor or corner Iol. 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