The URL can be used to link to this page

Home My WebLink About22374-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. C~RTIFICATE OF O~UPANCY No Z-23741 Date JUNE 29, 1995 THIS CERTIFIES that the building ACCESSORY Location of Propert~ 2125 TOWN Pk%RBORLANE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 66 Block 1 Lot 31 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 25, 1993 ~ursuant to which Building Permit No. 22374-Z dated OCTOBER 12, 1994 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 FENCE AS PER ZBA ~4268. The certificate is issued to . EDWARD & EVELYN HALPERT (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A N/A ~ui fdin~ Inspec~r FORM NO.$ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N,Y. 22374 BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Date ...../~../. ,/...~.. .......................................... 19..~...,~.. Z Count/Tax Map No. 1000 Section ...... ~,.,~.~ ........ Block ....... ../.. .............. Lot No..~...../.. .................... pursuant to application datod ..... .~.~.~.". ~ .................................... 1 ~ ..........and approvod by tho Building Inspector, ~ulldlng Insp Rev. 6/30/80 TOWN OF SOU'['IIOLD BUILI)INC DEPARTIIEIIT TOI';i'4 IIAI,L 765-1802 ' ~lr~ lc [ ~,/ 2; ; MAY - I 1995 : APPLICATION FOR CER'I'iPICATE OF OCCUPA~'Cy, A. This application must be filled in by type~riter OR ink and submitted to the bnilding · nspcctor ~'itb the follm~ing: for uew building or new nsc: 1. Final survey of property with accurate Jocntion of all buildings, property lines, streets, and uuusual uatural or topographic features. 2. Finnl Approval from tlehlth Dept. of water supply and sewerage-dispssal(s-9 form). 3. Approval of electrical installation from lloard of Fire Underwriters. 4. Sworn statement fromfplumber certifying that the solder used in system coutairs less than 2/10 of 1% lead. 5. Co,unercial building, industrial building, multiple residence~ and similar buildin ~d=,~{ia~ion~.,lxa,cV[t,~ficate of Code Compliance from architect or engineer ga 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 sho~ing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application aud a consent to inspect signed by the applicant. If a Certificate of Occnpancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees I. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swi~,ing pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy ou Pre-existing Buildin~ - $100.00 3. Copy of Certificate of Occupancy - $20.00 " 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.~0., Cp~ercial $15.00 : Date ..... }~ o, e~,-,x~.~ ~,,~.~ ...... : .......... LocatSon of Property ................................ . ......... llouse No, Street llamlet Onwer or Owaers ,.~f Property.. ... ... Cou.ry ~ ,~=p ,~o t000. Section ...... ~¢. ..... Subdivision .................................... Filed Mnp ............ Lp~ ....... .. ~ ,o..~.3.zM.z ~to o~ ,,~ ro/,rf~w . ~ ...~ ......... ......... ...... tleal th Dept Approval ' ' ......................... Underwriters Approw~l ..................... ?lanning Bonrd Approval ........................ ~equest for: Temporary Certificnte ........... Final Certicate ........... =ce Submitted: $ FOUNDATION FOUNDATION 2. ROUGH FRAME & INSULATION (2nd) :FLUMBING' ?ER N. Y. STATE ENERGY CODE FI;;AL )DITION~L COMMENTS: Page 3 - Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 tennis court angle which faces the road will be maintained at all times during the time the tennis court exists. ACCORDINGLY, on motion by Member Wilton, seconded by Member Doyen, it was RESOLVED, to DENY the relief requested for a setback of 12 feet from the front property line, and BE IT FURTHER RESOLVED, to GRANT a variance to locate tennis court with 10 ft. high fencing partly in a front yard and side yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setback of tennis court shall be not less than 14 feet at its closest point to the front property line and not le~ss~thau 12 (/,/ 2. Screen' g must be planted and continuously maintained good condition with 4-5 ft. high evergreens, six to eight feet apart, ~_ fo__~r the entire width of the tennis court along the road side; 3. No lighting for the tennis court, as proposed, and pursuant to Section 100-31C(4-b) of the Zoning Code. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr, James DiniziQ, Jr. Robert A. Villa Richard C. Wilton 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 Mr. and Mrs. Edward Halpert P.O. Box 1956 Southold, NY 11971-1956 Re: October 11, 1994 ,~ TOW ~N~O F~SO~UTHOLD Appl. No. 49.68 - ~a~ia~ee [o~ Tennis Cou~t ~t~ Dear Mr. and Mrs. Halpert: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals following the public hearing held on October 7, 1994. Please be sure to return to the Building Inspector and any other agency which may have jurisdiction for issuance of a permit for the tennis court. We have furnished copies of this determination to the Building Department for their update concerning the November 10, 1993 Notice of Disapproval updated August 10, 1994. Also, a copy of your variance file has been transmitted to the Suffolk County Department of Planning due to the fact that your property falls within 500 feet of a waterway. The Suffolk County Administrative Code provides for their review and/or recommen- dations, and we will forward a copy of their response to you for your records when received by our office. Very truly yours, Linda Kowalski Clerk, Board of Apl{eals Enclosure Copy of Decision to: Building Department (Thomas J. Fisher) Suffolk County Department of PlaDning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A, Villa Richard C. Wilton 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 FINDINGS AND DETERMINATION Appl. No. 4268: EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) (ref. Seetion 100-31C(4-b) and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft, height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. WHEREAS, after due notice, a public hearing was held on Octo- ber 5, 1994, at which time persons who desired to be heard were heard and their testimony recorded (no opposition was received); and iSHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Beard made the following Findings of Fact: 1. By this application, appellant requests approval of the placement of a fence located within and along the front yard areas at a total height of ten (10) feet, to encompass a proposed 60 ft. by 120 ft. tennis court, which will be located partly in the side yard and partly in the front yard, and then extending into part of the rear yard. 2. A copy of a survey map dated January 27, 1992 has been submitted with this application which shows the following improve- ments: (a) one-story, single-family dwelling with screened-in porch, all situated at the northerly one-hag of the premises; (b) accessory garage building located in the rear yard; (c) accessory beach cabana building; (d) brick barbecue, st~ps to the beach and bulkhead along the southerly side property line forward of the mean high water mark. Page 2 - Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 3. Article XXIII, Section 100-231 of the Zoning Code permits fencing for purposes of screening or property division to be situated in a front yard area at a height of four feet or less. (Fences along the side and rear yard areas are permitted at a height up to feet.) Also, it is noted for the record that Section 100-33C of the Southold Town Zoning Code, applicable to all residential zone districts, provides "...in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code..." 4. It is the position of the Board in considering this application that: (a) the property is uniquely situated at the southerly end of Town Harbor Lane and fronts along Little Peconic Bay at Southold; (b) the circumstances are directly related to the layout of the property and are not personal to the landowners; (c) aithough the relief requested is substantial in relation to the required setback locations, the tennis court will have'variable setbacks between 25 feet and 14 feet, as amended by this decision and will be fuily screened from view when looking from Town Harbor Lane; (d) there will not be an undesirable change in the character of the neighborhood or detriment to nearby properties since the yard area as situated is normally a permitted yard location for other lots fronting along Pecouic Bay - due to the fact that they gain access from the north, rather than from the west as does the subject property; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a fence as a necessity to the tennis court rather than a large enclosed building; (f) the difficulty was not self-created; (g) there is no alternative for appellants to pursue other, than a variance, even in other yard locations; (h) in considering all the above factors, the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since other (natural) screening at heights above four feet near the Page 3 - Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 tennis court angle which faces the road will be maintained at all times during the time the tennis court exists. ACCORDINGLY, on motion by Member Wilton, seconded by Member Doyen, it was RESOLVED, to DENY the relief requested for a setback of 12 feet from the front property line, and BE IT FURTHER RESOLVED, to GRANT a variance to locate tennis court with 10 ft. high fencing partly in a front yard and side yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setback of tennis court shall be not less than 14 feet at its closest point to the front property line and not less thari 12 feet from the northerly side property line; 2. Screening must be planted and continuously maintained in good condition with 4-5 ft. high evergreens, six to eight feet apart, for the entire width of the tennis court aiong the road side; 3. No lighting for the tennis court, as proposed, and pursuant to Section 100-31C(4-b) of the Zoning Code. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. ./CERARD r. TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..... .Npy.e.m.b.e.r. jp. .........,19.9.3.. To Edward & Evely. n Halbert 2125 Town Harbor Lane- Box 1956 Southold, Hew York 11971 PLEASE TAKE NOTICE that your application dated .... .O.C.TD.BFR. i27o ............ 19.. 93. for permit to ...CONSTRUCT A TENNIS COURT WITH 10 FT. PENCE at Location of Property 2.[2.5. T.O..I~. HARBOR LANE S.OUTHOLD, NEI4. YO.RI( .. House No. ' ................ '8'tr'e3i ................... h~nlet County Tax Map No. 1000 Section ....6.6 ......... Block . .. J. ' . Lot ...31 ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .....U~..~.R..A~..T.I.C.L~...I~I. ~ ......... SECTION 100-30~.2 C (I), SECTION 100-31C (4) (b), SECTION 100-33C. PROPOSED TENNIS COURT WILL HAVE INSUFFICIENT FRONT YARD SET BACKS FOR THIS DISTRICT Atfl) UNDER ARTICLE XXIII SECTION lO0-231~FENCE CANNOT EXCEED 4 FT. IN HEIGHT IN FRONT YARD AREA. SECTION .P~QUIRED BY THE ZONINC BOARD OF APPEALS. B~ldi~)hspector' ' THOMAS J. FISHER RV 1/80 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATIONIST [ ] ROUG.~.BG. RE] FIREPLACE & CHIMNEY DATE 76S-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. FOUNDATION 2ND [ ] I~ULATION FHAMIN(~ ~FINAL REMARKS: ~)/,/~ DATE FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 //(Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS BOARD OF HEALTlt ......... 3 SETS OF' PLANS ......... SURVEY .................. ClIECK c^nL /6,g'- ' FLAIL ~ . . Date ................ 19 '~.~' d a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 s8ts 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 sti'eets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. ¢. 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 i~sued 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 Departmefit for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of South01d, 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 c~d~, and .~gul .... ns, and to (Si=nature of applicant, o~ename, if a corporation) ' ' .. (Mailing address of applicant) N'.~. tz?7/ State whether applicant is owner, lessee, agent, architect, engineer, generai contractor, electrician, plumber or builder. ..... ..................... - ................................. . ........................... Nar~e of owner o f premises .... . .~?..~..~..m_~.. ......... . ....... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer.' (N titl f ffi ) ' '' ame and e o corporate o cer Builder's License No...\ ....................... Plumber's License No Electr;cian'~ License No Other Trade's License No ...................... Location of land on which proposed work will be done. ~./~. 5~ 7't,~&r . .~.a.../2e~ ~ House Number Street Hamlet Con'nty Tax Map No. 1000 Section ... :.. ~.~ ..... :... Block .... ~ ......... t~.. Lot ...... ~.~ ........... Subdivision ........ . .... . ............... Filed Map No ........... Lot (Name) ................... State existing use and occupahcy of premises and intended use and odcupancy of proposed construction: a Existing use and occupancy ...' .... .. ' ' b. Intended use hnd occupancy ... '~4 ~ ~4.~; '.'. 10. 11. 12. 13. 14. property lines. Give street and block !number or description according to interior or corner lot. .3. Nature of Work (check whichI applicable): New Building .......... Addition . .'. ~ .... .&Iteration ......... Repair .............. Removal .............. Demolition .... : ......... Other Work ............ (D 4. Estimated Cost · escription) ....................... ''''''"' '"'': Fee ...... 5 If d lli~g it (to be paid on filing this application) · welling, numberofdwe un s ............... Numberofdwellingunitsoneac floor .... · . If garage, number of cars ... i .............. ' h ........... 6 Ir b i~ "' · ify ........ usiness Commercial or rn ed occupancy, spec nature and extent of.each e o . .... Di nsi f isti u~res, typ fuse ' 7. me ons o ex ng struct if any: Front "' ....... , ..... Height ....... Nq .... ~ .......... Rear ............. ' Depth . ........ tuber of Stories ............ ' . ' ............. Di f hm With ' ' . dditi ...................................... mensions o s e structure alterations or a ons: Front ................... Rear .... Depth .... ' ............ ~ ·.. Height ......... . . Dimensions ~)~;ntire new construction. Front . ~'1~ .......... '.. Number of Stories ....... ' :.' ....... Height ... ~ /. I~. t ,, I - ' .... ~ ......... ~xear .... ~, ....... Depth ./...~. ......... mumoer of Stories ..... 4. ' .......... Size of lot: Front .. l Date Of Purchase '' ~/0.~2 ......... Ix. ear.. ': .................. Denth ............ z .... /'- .......... Name or Former Owner one or use d, tr et m Ji; .:.. :. h premises are situated ................................. Does proposed Construction violate any zoning law, ordinance or regulation: . yg..~.' ........................ Will 10t be regraded ....... : i,~.~...., ...... :, ...... Will excess e rem ' Name of Owner of premises ~E/4.F4v]/..~.Q.t~..~..~.. ~ Adch-~ .2-lJ-.~]~o~,¢ ~l~J~z~f~°z~prem:ses: _ ,.Ye_s,.,~ ,No Name of Architect ................ ' .......................... '.': r.~. rnone No.. Name of Contractor ~ ............ Address ................... Phone No .................. ........ '3 ................. Address .......... ;¢.,~ · ·. Phone No ....... ' Is this property within O0 feet of a tidal wetland? *Yes ........ No ..... · If yes, Southoid Town Trustees Permit may be required. '''' · ..." P!~OT DIAGRAM .' . Locate clearly and distinctly alli buildings, Whether existing or Proposed, and, indicate all set-back dimensions from deed, and show street names and indicate whether '~. 'F'OUNDAT~O~q 'T · ' FOF~ POOR~D COI~C~TE 2. R " ~NoULATIO ~. . 4. FINAL CO~8T~LIcTION MUST BE COMPLETfi FOR C.O.' ALL CONSTRUCTION SHALL MEET STAT~ CONSTRUCTION & ENERGY C, OD,~8, MOT RESPONSIBLE FOR DE~;IGM O~ CONSTRoc~o~ ERRORS , . ;TATE OF NEW .YORK. . ....................... '~' ...... : ................. being duly sworn, deposes and says that he is the applicant (Name of individual signingicontract) . ' hove named. eisthe0¢ i (Contractor, agenf~, corporate officer, etc.) f said owner or owners, and is duly a~thorhed to perform or have performed the said work and to make and file this ~plication;. that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be perfonned in the manner sc[ fort ~ in thc application filed therewith. ' .yom to before me this (.."[-7.' dayof 7. 192.~. ~tary Public, . MOHAMMED A. YOUSUF ' No. 03-4824355 ' ' · ......... Qualified ill ' Commission Expires Feb, 28 19~ I ·