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Home My WebLink About22778-zFIELD INSPECTION REPORT DATE COI~lqTS FOUNDATION ( I ST) )) INSULATION PER N. STATE ENERGY CODE FINAL FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HAJ. L $OUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Date 22??8 Z Building Inspector.... Fee Rev. 6/30/80 WILLIAM H. PRICE, JR. AT'FORNEY AT LAW PO BOX 2065 GREENPORT, NEW YORK 11944 TI~I.EPIIONE NUMBER: (516) 477-1016 FAX: (516) 477-0130 June 27, 1995 Office of the Building Inspector Town of Southold Town Hall PO Box 728 Southold, NY 11971 RE: SCTM No. 1000-064.00-02.00-047.000 (i/n/o Shanks) Gentlemen: it has been brought to my attention that there is no building inspector who can speak to me con- eeming this matter before the weekend unless 1 call at precisely 1:30 PM and if one of the building inspectors is available at that time one might speak with me to set att appointment to talk with me. Therefore, I am writing this letter with rite hope that someone will be able to respond before the end of the week by avoiding taking rite time to discuss the matter. A vacant land certificate of occupancy (No. Z14204) was issued to Charlotte M. Shanks on Feb= mary 6, 1986 by the Building Inspector. When the vacant land certificate was issued Charlotte M. Shanks ovmed the adjoining improved parcel of property. Both properties are located on Ohl Skipyard Lane, Southold, witlfin fife subdivision lmown as Foumder's Estates. Charlotte M. Shanks died on February 6, 1989. Her son, Lewis B. Shanks, inherited both the improved parcel and the subject parcel. The improved parcel was sold during 1990. 1 represented Mr. Shanks in that matter. In connection with my representation, a Certificate of Occupancy was issued by the Southold Town Building Inspector on May 11, 1990, Certificate No. Z-19041. The improved property was conveyed by Ma'. Shanks to the now owners. By contract dated March 27, 1995, Mr. Shanks agreed to sell the vacant land to Inland Homes, Inc. represented by William Moore, Esq. The contract was subject to Inland Homes obtaining a Building Permit to construct a dwelling at the lot. The Town issued Building Permit No. 22778Z. Mr. Moore contends that although rile building I)ermit was issued, the Building Department erred 828 Front St:'eet, Grcenport, New York 119,1-4 in issuing the permit. It is his conte~tion tliat the vacm~t land certillcates of occupancy that were issued ia 1986 ia respect to the vacant land and the certificate of occupancy issued in respect to the adjoining improved parcel on May 11, 1990 are irrelevtmt and that both were erroneously is- sued. Mr, Moore bases lfis opinion on the lhct that ClmrIotte M. Shanks once owned both of these lots on the filed map. It is Mr. Moore's contention that the only way to solve tiffs issue is to have the Zoning Board of Appeals ratify what has taken place. I would like to know whether or not the Btfilding Department stands behind the certificates of occupancy that have been issued or if the Building Depamnent repudiates its actions and declares that Building Permit 22778Z, Certificate of Occupancy Z14204, and Certificate of Occupancy Z- 19041 were all erroneously issued although relied upon by my client to Iris financial detriment. I await your reply in order to determine the appropriate action or actions to be taken by my client. William H. I'rice, Jr. ce. Lewis B. Shanks William Moore, Esq. Southold Town Attorney Laurie Dowd, Esq. Mailed & Faxed to All. enclosures 828 Front Street, Gr~:cnport, New York 11944 WILLIAM II. PRICE, JR. A'UFORNEY AT LAW PO BOX 2065 GREENPORT, NEW YORK 11944 TELEPHONE NUMBER: (516) 47%1016 FAX: (516) 477-0130 July 20, 1995 Office of the Building Inspector Town of Southold Town Hall P.O. Box 728 Southold, New York 11971 RE: SCTM 1000-064.00-02.00-047.000 (IJN/O SHANKS) Gentlemen: Enclosed herewith please find photocopy of my letter to your office dated June 27, 1995. To date, I have not had a response to same. Also enclosed please find "vacant land" certificate of occupancy dated Februai'~, 6, 1986. await your reply. Very truly yours, WHP/lmt enclosure cc: Lewis B. Shanks Thomas Uhlinger, Marion KingRealty William H. Price, Jr. 828 Front Strut, Gr~nport, New York 11944 WILLIAM H. PRICE, JR. ATTORNEY AT LAW PO BOX 2065 GREENPORT, NEW YORK 11944 July 28, 1995 Town Clerk Town of Southold Town Hall Main Road Southold, New York 11971 RE: SCTM NO. 1000 - 064.00 - 02.00 - 047.000 (i/n/o SHANKS) TELEPHONE NUMBER: (516) 477-1016 FAX: (516) 477-0130 Gentlemen: Enclosed herewith please find copy of my letters dated June 27, 1995, July 20, 1995 as well as copy of building permit referred to in my letter of June 27, 1995. The prospective purchaser is attempting to elect to cancel the contract of saie referred to in my letter of June 27, 1995. I have received absolutely no reply to either of my letters by either telephone or mail. My client now stands to lose $49,000.00 on account of the inaction of the Town of Southold. Of course, I cannot handle the probable lawsuit which will follow. However, please consider this letter as a notice of claim against the Town of Southold for damages caused by the negligence of the Town in failing to reply to my request and my letter of June 27. The Town erroneously and negligently issued a vacant land certificate of occupancy and building permit which my client relied upon. Very truly yours, William H. Price, Jr. WHP/lmt enclosure cc: Lewis B. Shanks Southold Town Attorney Laury Dowd, Esq. Southold Town Building Department ~ 828 Front Street, Greenport, New York 11944 Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD July 28, 1995 William H. Price, Jr., Atty P.O. Box 2065 Greenport, N.Y. 11944 Re: Suff. Co. Tax Map ~1000-64-2-47 (SHANKS, LEWIS) Dear Sir: In reply to your letter of July 20, 1995, it appears that only building permit ~22778Z was issued in error as SCTM ~64-2-47 and 64-2-48 have not been held in single and separate ownership since 1971. The Vacant Land Certificate of Occupancy ~Z14204 certified only the Zoning of the parcel and that it was created in compliance with the Town Code. It does not certify whether or not the lot has merged or is buildable. Because so many people misconstrued the meaning of a Vacant Land Certificate of Occupancy it was removed from the code on April 10, 1990. In my opinion the Pre-Existing Certificate of Occupancy ~Z-19041. makes the statement that the building on lot SCTM ~64-2-48 conforms substantially to the buildings built prior to April 9, 1957. I hope this will clarify some items for you. If we can be of further assistance, please call. We will try to be more readily available in the future. TJF:gar cc to: Wm. Moore, Atty Laury Dowd, Town Atty. Very truly yours, SOUTHOLD TOWN BUILDiNG:DEPT. Thomas J. F~sher Sr. Building Inspector Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD TO: Judith Terry, Town Clerk FROM: Thomas J. Fisher, Sr. Building DATE: August 7, 1995 Inspector RE: Building Permit #22778-Z (Lewis Shanks-Owner) Suff. Co. Tax Map #1000-64-2-47 The above building permit was issued on May 19, 1995 to Inland Homes, Inc. for construction of a new dwelling with attached garage. A fee of $395.60 was paid. The building permit was issued in error. I request that the Town Board refund the $395.60 fee to Inland Homes, Inc. BOARD OF HEALTH ...~,~. .. L,, '3 SETS OF · ...... c- ,.-, , '/ ~ ~'~ "TOWN ~i'] ..... OF SOUTHOLD C~CE · - - ~ ; ~o~z~I 298-9696 b.,-.~ ..................... :~ CALL ................ '~ ~LL:~;,~ P'L MAIL TO: Examined Approved TOWN HALL SOUTHOLD, N.Y. 11971 Disapproved a/c ......... ,: ~ .. ,,' ' ',',/' ;', (BuildingInspectgr) ~'/ ' ' "' ': , /~PI.) :,~,TION FOR BUILDING PERMIT, ,, ,~ I/ .. ". ~. ;'"'"*'~" Date .................. , .. ., INSTRUCTIONS ' ' ~"'~ q ~' 'q~'~''" a. Tiffs application must be completely filled in by typewriter or in ink and submitted to.the Building Inspector, with 3 ~ets 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 giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cati6n ' c. The work cov;r~ed by thi~'application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. St~ch 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 Cerhficate of Occupan y 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 lluitding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constmcQon 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 insp_ec_tions._ ' Inland Homes Inc. (Signature of applicant, or name, if a corporation) .P./.O. Box ~7,Nattituck,N.Y.,~952 (Mailing address of applicant) State whether applicant is. gwner lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. General Contractor Ireland Homes Inc. Name of owner of-premises ............................ .. ............................................. - ~ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. Robert E. Hiltz (Marne and title of corporate officer) . ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License Mo .......................... Plumber's License NO 2. f.~.'1 P. sLicenseMo Y. Electrician' . .. · ........... Other Trade's License No ...................... Location of land on which proposed work will be done'. .Old ShipT~rd . llouseNumber ~ ..' .... . . ~'i' ...,.Street:l. ., .:.. . ..',. . Hamlet. :t64- .... 2 ..... County Tax Map No. 1000 Section .................. 'Block .................. Lot ....... . .... ........ S ..... ~o~der8 ~ding Lot uoolvlslon ..................................... Filed Map No ......... , ................ ~ .... (Name) State ex/sting usc and occupancy of premises and intended use and occupancy of proposed construction: Vacant Land a. Existing use and occupancy ......... ~ .......................... JiJ,.,~IqlX~,IIgI~I~I. ................ b. Intended use and occupancy Single Family Dwelling hii ppli ) N ildi 4/4t ( '" ' Additi Alt ti 3. Nature of work check w ch a cable: ew Bu ng .......... on .......... era on ........ Repair Removal Demolition Other Work I , (Description) 4 Estimated Cost ... · Fee ~ ' .'-. i : . . . ' (to be paid on filing this application) 5. If dwelling, number of dwellillg units .......... Number of dwelling units on each floor .......... lfgarage, number of cars .,..u.n.?. :::. 12 ...................... 6. If business, commercial or fnixed occupancy, specify nature and extent of each type of use ............ 7 '~ ' ' ' ' if any: Front Rear Depth Di nenslOHS of existing structures llelght ............... ;Number of Stories ............................................. . D' 'ons'of same stru ture with alterations o drllti Depth .......... ~. . Height mum.ocr on.~tones .......... , ........ 8 Di i n.,s,,o,f nti 9n traction: Font ~- ~9! Rear .~..: 39' th 50 llel'ght ......... .~'- o~ ......... Number of Stories .2 ............... r ............ 9. S' of lot: Front r.' i i 'n~o~ 75' .................................... . ~ -- '~=~' 'P~Ib.~I'i~: ................................. IJeptn ...., ;~l-,.......:ze I0 ~' t "- ' ~" Name of Former Owner .~¥.i.s t~..O.h..m~..s ........ 1 l.Zone or use district in whlc x premises are situated ................... , ............. 12. D ' ~ ' ate any zoning ' ' .N9 ............ ocs proposed constructloq viol law, ordinance or regulation' . ........................... 13. Wi 1 lot be regraded . .Y.~.s. ~ ................ wm excess na ce removed from premises: Yes -lq I 1 Nmne of Owner of premisesI Address Phone No .~-'. Nmne of Architect 4 .... Address Phone No Nmne of Contractor . ~t",~.~uad..l-Iom~..]~9.o. .... Address .... : .............. Phone No.. 2~t':9~.~.... [5. Is this property located within 300 feet of a tidal wetland? *Yes ..... ., No .j/ff.. · If yes, Southold Town iTrustees Permit may be required. · · , ' ' i .' "'.i ..... PLOT DIAGRAM : ..: Locate clearly arid distinctly all buildings, whether existing or proposed, and, indicate all set-back dimehsio,ns fror I roperty lines. Give street and bi0ck number or desc,np!l,O, n according to deed, and show street names and indicate whethe interior or cornerlot. ' ' i ....... . See A~tached Survey STATE OF NEW yQ.t~K..~ S.S COUNTY OF ..... - .'~.{ .~.'~-..... Robert E. Hiltz ! .. (Name of individual signing contract) %eve named. ·. being duly sworn, deposes and says that he is the applicant Contractor . lie is the i ' '": (Contractor agent,~corporate,offieer,· . etc ) of said owner or owners, and is d.uly authorized to perform or have performed the said work and to make and file this ~pplication; that all statements cofltained in this application are true to the best of his knowledge and belief; and that the work will be performed m the manner set forth in the apphcat~on.filed therewith· Sworn to before me this ........... ...... 'I N,64 05 E. + 16 .¢ LOTS Ar?.t~ S~¢.I',~,V,t}O B"¢ PLIBLt¢ W^T[{:~ &HP HAVE m ~ L'_LJ C