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Home My WebLink About21997-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-24777 Date DECEMBER 5, 1996 THIS CERTIFIES that the building. ACCESSORY Location of Property 1480 OLD WOODS PATH House No. Street County Tax Map No. 1000 Section 87 Block 1 Subdivision Filed Map SOUTHOLD, N.Y. Hamlet Lot 21 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 4, 1994 ~ursuant to which Building Permit No. 21997-Z dated ~ 7, 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 GAZEBO AS APPLIED FOR. The certificate is issued to CLAUDE A. SHER (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A N/A Inspecto/ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF O~CUPANCY No Z-24778 Date DECEMBER 5, 1996 THIS CERTIFIES that the building ACCESSORY Location of Propert~ 1480 OLD WOODS PATH House No. Street County Tax Map No. 1000 Section 87 Block 1 Subdivision Filed Map No. SOUTHOLD, N.Y. Hamlet Lot 21 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 4, 1994 .pursuant to which Building Permit No. 21997-Z dated O]3NE &, 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 TENNIS COURT IN FRONT YARD AS APPLIED FOR & AS PER ZBA #4233. The certificate is issued to CLAUDE A. SHER (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A N/A Building Ins~ctor TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Date ...................... ;; .......................... N_° 21997 Z Permission Is hereby granted to: .... ........ ................ .... ~ ....... £..~...b..~.~c ....... ~,~. ......................... to ....... ~ ~4-~ ~ ............ ~.. ............. ~../~..../~....~.~.. ~ ............. ..,~.~..~ ~..C.'~... ........................... ...... ~ ............ ~ ............ ...~...~.z'. ....... .,~ ................ ~:~ ..................................... .............. ,,~..~...~...~,,,~ .......... ~ .......................................................................................................... ~.~ ......... A~.~.~.:...%..~.~.~........-.. ....... ~....~ ....... ~.~..~,~ .......................................... at premises located at ......... ~...~...E~. ........ ..~......~... ........ ...~/.~ ~2~..~..........~...~..,.~..~ ...................................... CouniyTax Map No. 1000 Section ....... . .~...~.. ......... Block ...... ...~....~. ............ Lot No ....... ..~/../.. ............ pursuant ,o ap¢oatlon dated ............ .'~.../.~.... ............................ 19....~..~......, and approved bythe Building Inspector. FeeS..,~.~ .... / ~/ Building Inspector Rev. 6/30/80 APPLICATION Form No. 6 ~ FOR CERTIFICATE OF OCCUPANCY TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 A. 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. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all prope=ty 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-existin~ Buildin~ - $i00.00 3. Copy of Certificate of Occupancy - $20.00 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 New Construction ........... Old Or Pre-existing Building .... m'': ......... Location of Property ..... [..~.~.~- ...... '~.~.~.~,~-.z'~'~ .Q,~.~ ..... ~.~.~..~,,....~ ......................... House No. Street Hamlet Onwer or Owners of Property ........ ~...~---~...-~.~ ..................................... County Tax Map No 1000, Section...~ ....... Block ........ l ....... Lot ...... ~.~ ............ Subdivision .................................... Filed Map ............ Lot ...................... Permit No.......--..-...~- .Date Of Permit..--~.~l-~-.~-..Applicant ............................. Health Dept. Approval .......................... Underwriters Approval ......................... Planning Board Approval ........................ Request for: Temporary Certificate ........... Final Certicate ........... Fee Submitted: $ .... .~z.'. ..................... APPLICANT Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 , ~ ..... ?~A~*~{~}?'.?.."~,~AI~P~ICATION FOR CERTIFICATE OF OCCUPANCY A. Thi~p~ication 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/I0 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. ¢ B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. 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. i. 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-existinK Buildin~ - $100.00 3. Copy of Certificate of Occupancy - $20.00 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 J/~ Ov~-~ Date ......................................... New Construction...~...... Old Or Pre-existing Building........ ... .... · Location of Property ...... '6'' ~''~' .................. House{No. Street Hamlet Onwer or Owners of Property..././~...~.)~< ..... ~-~.~.] ................. County Tax Map No 1000, Section .... f.7 ...... Block.. ~/ ..Lot.. '~[ Subdivision..............--.- ............ .--- · · Filed Map ............ Lot ...................... Permit No..,~/.~.~. '..~....Date Of Permit... ~/~.../..~...Applicant ............................. Approval U derwriters Approval ......................... Health Dept · · Planning Board Approval...... ............. ... .. Request for: Temporary Certificate ........... Final Certicate ........... Fee Submitted: $ · · .~.~-.~, .................. .~..~ ,~,~ ~... ,~ O3 S ................ ~ ~ ~ 0~7~ APPLICANT ]'6~-1g02 IE~UII.DING DEPT. INSPECTION FOUNDATION 15T ~ ]' ROUGH PLBG.' FOUNDATION ZND [ ] I .NS~., TIoN FRAMING [)~INAL 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION2ND [ ]INSULATION [ ] FRAMING [ '~INAL ] FIREPLACE & CHIMNEY REMARKS: DATE FOUNDATION ( 1 st) FOU~4DA TIOr.! ~2nd) ROUGH FRAME & ';'?,i~i~.~,.:'. ~ 'PLUMBING '.:', INSULATiOM PER'N. y. STATE ENERGy · ' CODE FI;IAL ADDITIOMA'L COM~IEI.ITS: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD BLDG. DEPT. TOWN OF SOUTHOLD . 'T~ain Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS AppI. No. q-233: Matter of the Application of-. CLAUDE SHER. This, is a request for a variance under Article,XXIII. Section 100-231. based upon the April 7. 1994 Notice of, Disapproval from the Building Inspector, for a building permit' to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of~ the cede when located in-the front yard. Location of Property:- lq80 Old Woods Path. Southold~ NY; County Tax Map Parcel No. 1000-8Y-1-21. WHEREAS. after due notice, a public-hearing was held:on May o.. 1994 at. which time those persons who desired to be heard were heard and their-testimony-recorded; and WHEREAS; the Board has carefully considered all testimony-and documentation submitted concerning this application;r and WHEREAS~ Board Members have personally, viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; ar~l WHEREAS. the Board made the following findings of~ fact: 1. This application is a request for a variance based' upon the April 7. 1994 Notice of Disapproval ,from the Building Inspector on the following grounds: "...a fence located in the front yard shall be no higher than four feet in height. Article. XXIII. Section 100-231... " The application for a building permit upon which this appeal is, based shows that the 10,ft. high-fence will, enclose a proposed accessory tennis- court to be situated in~ the northerlyfront yard area. Section 100-33 of' the Zoning Code permits accessory buildings and accessory structures to, be Iocated~ in. the front yard of a waterfront parcel, provided the principal- setbacks are met. 2. The premises in question is located in, the Residential. Zone District and contains-, a 'total area, of approximately~ 3.75 acres. Existing on the property is a single-family; one-story and two-story frame house ,situated. since prior to 1960, at the most southerly portion of- the property, south ofr the existing electrical service line. A reduced copy. of a survey prepared by ~Rederick VanTuyl, ~a§e 2 - Appl. No. q233 Ratter of CLAUDE SHER Decision Rendered ~a¥ h, 199h P.C. dated March 13. 1990 was submitted by~ the applicant for reference purposes. 3. For record purposes, it is noted that the tennis:court with fence enclosure is a permitted use accessory and incidental to the residence on this' property, to be used by the residents and occupants of, this-dwelling, and their guests, This structure may not be used for club purposes, or profitable' purposes, and may not be rented. 4. The location of the proposed tennis court structure will be in conformance with the zoning code pertinent to these types of accessory structures. There will be no lighting for after-dark use permitted as stipulated by Section 100-31C-4-b of the zoning code. 5. No opposition was submitted during the hearing or, in · writing. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible .for appellant to pursue other than a variance, anywhere on the premises. (b) the' relief~ is not substantial in relation to the requirements - particularly since a building at, an average height of 18 feet from ground is permitted in this general location, without the need for a variance, under Section 100-33-C; (c) the variance requested does not involve an increase of dwelling unit. or. use density; [d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a permitted use under Section 100-31C[~), and will be used only incidentally to the dwelling, by the residents and occupants of~ the subject premises; (e) the relief requested is, not unreasonable due to the uniqueness of, the property and the immediate ares; (f) the variance will not in' turn be adverse to the safety, .health. welfare, comfort, convenience, or order of the town, or be adverse to the neighboring properties because night use is not proposed and lighting is not permitted <ref: Section 100-31C(~-b) of the Zoning Code>. ~9e 3 - Appl. No. ~233 Matter of CLAUDE SHER Decision Rendered May 4, 1994 Accordingly. on motion by Member Dinizio~ seconded by Member Wilton. it was RESOLVED, to GRANT a variance for a proposed height not exceeding 10 feet from natural ground as an enclosure for the proposed tennis-court structure in the front yard area, as applied, PROVIDED: 1. The fence enclosure for the tennis, court shall not exceed ten {10) feet above, natural grade, as proposed; and 2, There shall be no lighting for after-dark use as regulated by subsection C~-b of Section 100-3~ of the Zoning Code; and 3, Property owner shall apply for appropriate building or. fence permits necessary for this. project from the Southold-Town Building Department, Vote of the Board: Ayes: Messrs, Dinizio, Villa., Wilton, Doyen, and Goehringer, This resolution was duly.adopted. Ik GE~/R~A~/D P, GOEHRINGER CHA I RMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appi. No. ~233: Matter of the Application of. CLAUDE SHER. This is a request for a variance under Article XXIII. Section 100-231. based upon the April 7. 199~ Notice of Disapproval from the Building Inspector for a building permit' to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of. the cede when located in the front yard. Location of .Property: 1~80 Old Woods Path. Southold. NY; County Tax Map Parcel No. 1000-87-1-21. WHEREAS, after due notice, a public-hearing was held,on May ~. 199q at which time those persons who desired to be heard were heard and their-testimony,recorded; and WHEREAS; 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 Board made the following findings of fact: 1. This application is a request for a variance based upon the April 7, 199~ Notice of Disapproval from the Building Inspector on the following grounds: "...a fence located in the front yard shall be no higher than four feet in height, Article XXlII. Section 100-231... " The application for a building permit upon which this appeal is, based shows that the 10ft. high, fence will enclose a proposed accessory tennis court to be situated in the northerly front yard area. Section 100-33 of' the Zoning Code permits accessory buildings and. accessory structures to be located in the front yard of a waterfront parcel, provided the principal setbacks are met. 2. The premises in question is located in the Residential Zone District and contains a total area of approximately 3.75 acres. Existing on the property is a single-family, one-story and two-story frame house situated, since prior to 1960, at the most southerly portion of the property, south of the existing electrical service line. A reduced copy of a survey prepared by Roderick VanTuyl, ' Pa~ 2 - Appl. No. 4233 Matter o¢ CLAUDE SHER Decision Rendered May 4, 1994 P.C. dated March 13, 1990 was submitted by the applicant for reference purposes. 3. For record purposes, it is noted that the tenniscourt with fence enclosure is a permitted use accessory and incidental to the residence on this, property, to be used by the residents and occupants af~ this dwelling, and their guests. This structure may not be used for club purposes, or profitable, purposes, and may ,not be rented. 4. The location of the proposed tennis court structure will be in conformance with the zoning code pertinent to these types of accessory structures. There will be no lighting for after-dark use permitted as stipulated by Section 100-31C-4-b of the- zoning code. 5. No opposition was submitted during the hearing or in writing. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the~property and there is no method feasible,for appellant to pursue other than a variance, anywhere on the premises. the. relief.' is not substantial- in relation to the requirements - particulaely since a building at an average height of 18 feet from ground is permitted in this general location, without the need for a variance, under Section 100-33-C; (c) the variance requested does not involve an increase of dwelling unit or use density; (d) the relief requested will not cause a substantial effect on available, governmental facilities since the structure is a permitted use under Section 100-31C(~), and will be used only incidentally to the dwelling, by the residents and occupants ef:-the subject premises; (e} the relief requested is not unreasonable due to the uniqueness of, the property and the immediate area; (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of. the town, or be adverse to the neighboring properties because night use is not proposed and lighting is not permitted <ref: Section 100-31C(U,-b) of the Zoning Code>. P~g~ 3 Appl. No. 4233 Matter of CLAUDE SHER Decision Rendered May 4, 1994 Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED. to GRANT a variance for a proposed height not exceeding 10 feet from natural ground as, an enclosure for the proposed tennis court structure in the front yard area. as applied. PROVIDED: 1. The fence enclosure for the tennis court shall not exceed ten (10! feet above, natural ,grade, as proposed; and 2. There shall be no lighting for after-dark use as. regulated by subsection Cq-b of Section 100-3~ of the Zoning Code; and 3. Property owner shall apply for appropriate, building or fence permits necessary for this project from the Southold Town Building Department. Vote of the Board: Ayes: Messrs. Dinizio, Villa~ Wilton, Doyen, and Goehringer. This resolution was duly adopted. Ik GERARD P. GOEHRINGER / CHAIRMAN APPEALS B 0ARD MEM_SERS Gerard R Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. RObert A. Villa Richard C. Wil~on Telephone (516) 785-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD MEMORA~.DUM Town Hall, 53095 Main ROad P.O. Box 1179 Southold, New York 11971 Fox (51(]) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: All Building Inspectors Jerry Goehringer, ZBA Chairman April 27, 1994 RE: Appl. No. 2784.- Bayley, Holzafel, and Others Private ROW ~10, ID #7000-87-1-23.-1 a/k/a Old Woods Affected Lots: 1000-87-1-21, 23.7, 19, 3.4, ~,, 23.8, and 9 off E/s South Harbor Road; Southold During 1984 our office sent a memorandum to the Building,Department ,concerning the above-noted right-of-way and confirming that ~mprovements were 'necessary before building permits or certificates of occupancy may be issued for any of the affected lots pursuant to the requirements of New-York Town Law, Section 280-a per"raining.to private rights-of-way. Recently, we added the 280A restriction to the computer maintenance listings for the above-noted parcels for your convenience, and we are attaching copies of. those-parcel file listings together with the owners' names and addresses for further notice as would appear to be necessary. After a recent visit to this area, it was found that the. right-of-way is still in poor condition. In reviewing our files, it was ,noted that the right-of-way had some improvement during, 1984, but may not have been official,l.y accepted or updated, prior to issuance of building, permits or certificates, of occupancy between 1984. to the present time, for the purposes of sufficient and safe access, by emergency vehicles. It is requested that steps be taken by the Building Department to notify the applicants and owners who have outstanding permits or applications for permits or certificates of occupancy that this right-of-way must be updated and' improved pursuant to the Conditions of the attached determlnatlon filed with the Town Clerk on April 30, 1981 under Appl. No. 2784.~,~No building p_~rmits or other documentation should, be issued to an of the ro err owners hav-~S[ access_ ove_~ ~a~L until the road improvements have been made and the.riqht-of-way acc~ePted by ~fi'e Board of Appeals,~ {Continued on page 2) /.'~,'t" i3uilding nspectors ,~:,~!:!"~OW 1000-87-1-23.1 at /,,/.,/"~t~ E/s South Harbor Road, Southold ?/ i Please update your records since it is a matter which could involve ~1I~ fire and emergency si.t.u.~tions requiring access over this ~1~_~1~ right-of-way. Also, It IS requeste, d that the extra copies of this ~ memorandum (attached) be placed ~n each appropriate.referenced ~1~ office file/permit file, or other-property file-.you may have'for ~ future reference pertaining to these particular lots.. If we may be of assistance in preparing the notices to the.property owner, s, or other documents, please,do not hesitate to let us know. Thanking you in advance for your assistance. Attachments: Copy of New York Town Law, Section 280~A Copy of Appl. No. 278~t dated 4/2/81 280-A Conditions Copy of County Map with Private ROW #10 shown List of status list for Permits or C.O.s along ROW List of all Property Owner Names/Addresses along-ROW APPEAL~ BOARD MEMBERS Gerard P. Geshringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS ' TOWN OF SOUTHOLD May 19. 199~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Claude .Sher ~3 Ridge Road Searlngtown, NY 11507 Re: Appl. No. 4223 - Variance for Tennis Court Fence Dear Mrs. Sher: Enclosed please find a copy of the Board's Findings and Determination rendered at our May 4, 1994 Regular Meeting. Before commencing building activities, please be sure to return to the Building Inspector for issuance of other documents necessary and updated maintenance concerning the right-of-way pursuant to New York Town Law. Section 280-a. For your convenience, we have furnished the Building Department with a copy of this determination for their permanent recordkeepin9- and update. Also, we have,transmitted a copy of your file to the Suffolk County Department of Planning, in accordance with the Suffolk,County Administrative Code rules and regulations pertaining, to projects located within 500 feet of a waterway. Once we have received their written response, we will forward a copy to you for your permanent file. Very truly yours, CHAIRMAN Enclosure cc: (With copies of this determination to:) / Inspectors' ~ ___~qTown Building Office Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 58095 Main Read P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 0`233: Matter of the Application of CLAUDE SHER. This is a request for a variance under Article XXIII. Section 100-231. based upon the April 7. 1990` Notice of Disapproval from the Building Inspector for a building permit' to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the cede when located in the front yard. Location of Property: 1~.80 Old Woods Path. Southold. NY; County Tax Map Parcel No. 1000-87~I-21. WHEREAS. after due notice, a public hearing was held on May 0`. 1990. at which time those persons who desired to be heard were heard and their testimony recorded; and WHEREAS. the Board has carefully considered all testimony, and documentation submitted concerning this application; and WHEREAS. Board Members have familiar with the premises in question. surrounding areas; and personally, viewed and are its present zoning, and the WHEREAS. the Board made the following findings of, fact: 1. This application is a request for a variance based upon the April 7. 1990` Notice of Disapproval ,from the Building Inspector on the following grounds: "...a fence located in the front yard shall be no higher than four feet in height. Article XXlII. Section 100-231... " The application for a building permit upon which this appeal is' based shows that the 10,ft. high fence will, enclose a proposed accessory tennis court to be situated in the northerly front yard area. Section 100-33 of-the Zoning Code permits accessory buildings and. accessory structures to be located in the front yard of a waterfront parcel, provided the principal setbacks are met. 2. The premises in question is located in, the Residential Zone District and contains a total area of approximately 3.75 acres. Existing on the property is a single-family, one-story and two-story frame house situated, since prior to 1960. at the most southerly portion of the property, south of the existing electrical service line. A reduced copy of a survey prepared by Roderlck VanTuyl. Pa9~ 2 - Appl. No. 4233 Matter of CLAUDE SHER Decision Rendered May 4, 1994 PoC. dated March 13, 1990 was submitted by the applicant for reference purpeses. 3. For record purposes, it is noted that the tennis court with fence enclosure is a permitted use accessory and incidental to the residence on this property, to be used by the residents and occupants of, this, dwelling, and their guests. This structure may not be used for club purposes, or profitable' purposes, and may not.be rented. Il. The location of the proposed tennis court structure will be in conformance with the zoning code pertinent to these types of accessory structures. There will be no lighting for after-dark use permitted as stipulated by Section 100-31C-~,-b of the zoning code. 5. No opposition Was submitted during the hearing or in writing. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible , for appellant to pursue other than a variance, anywhere on the premises. {b) the' relief is not substantial- in relation to the requirements - particularly since a building at an average height of 18 feet from ground is permitted in this general location, without the need for a variance, under Section 100-33-C; (c) the variance requested does not involve an increase of dwelling unit. or use density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a permitted use under Section 100-31C(~,). and' will be used only incidentally to the dwelling, by the residents and occupants' of~ the subject premises; (e) the relief requested is not unreasonable due to the uniqueness of, the property and the immediate area; [f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town. or be adverse to the neighboring properties because night use is not proposed and lighting is not permitted (ref: Section lO0-31(;(~t-b) of the Zoning Pag~ 3 Appl. No. 4233 MaCter of CLAUDE SHER Decision Rendered May 4, 1994 Accordingly. on motion by Member Dinizio. seconded by Member Wilton. it was RESOLVED. to GRANT a variance for a proposed height not exceeding 10 feet from natural ground as an enclosure for the proposed tennis court structure in the front yard area. as applied. PROVIDED: 1. The fence enclosure for the tennis, court shall not exceed ten (10) feet above, natural grade, as proposed; and 2. There shall be no lighting for after-dark use as regulated by subsection C~-b of Section 100-37 of the Zoning Code; and 3. Property owner shall apply for appropriate, building or fence permits necessary for this project from the Southold' Town Building Department. Vote of the Board: Ayes: Messrs. Dinizio.' Villa. Wilton. Doyen. and Goehringer. This resolution was duly adopted. Ik GERARD P. GOEHRINGER / CHAIRMAN ~' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..~..*..~.7.?.~ ~ for permit to "'-~' '< '~" '~'~'''' '/~'-- ~?~ .................. at Location of Property ............................... House No. Stre~ ....................... Ham/et County Tax Map No. 1000 Section ...~ ....... Block ..... O/ ...... Lot ...~.~ ....... Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds... ~.......~.n~..c~r.....-~...~. './~.~.~. .../.~.4 ..... .~.~ .... ../.~..~.~....~:~../3. ..... ¥~.~.//...../~.5... ~.,.~ .~.~. .~)... . ?/ .... //.Wd~. .( ~ ...................................... RV 1/80 : FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL BOARD OF HEALTH ......... 3 SETS OF PLANS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. SOUTHOED, N.Y. 11971 TEL.: 765-1802/~ ,// /~ Approved .... ...... Disapproved a/c .~,./,~. /?. ~ . (/W~ing Inspector) APPLICATION FOR BUILDING PERMIT CALL ............... MAIL .T.O.:. ~ [ _0~.(./ .. INSTRUCTIONS a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 sets 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- cation. c. The work covered by this application may not be cbmmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued 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 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 acknit authorized inspectors on premises and in building for necessary inspections, d~ /. · .~. -~ ~ -- (Signature of applicant, or name, if a corporation) ..... A. . . 3). . (i~ailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. (as on the t.ax roll or latest deed). If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. /.0. ff.~..~, l~. '.~. ........~/~/9~q-'2~//~ Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done .................................................. . ................................................... House Number Street Hamlet County Tax Map No. 1000 Section /~.~..~ ............ Block . ./. ............... Lot...~z./. ............. Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing use and occupancy b Intended use and occupancy 3. Nature of work (check which applicable): New Building .......... Addition .......... Alteration .......... Repair RemOval Demolition Other Work .~.e.t~l~ .... (Description) 4 Estimated Cost <TJ~ ~o.-00. i Fee i (to be paid on filing this application) 5. If dwelling, number of dwelling ~nits ............. 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. ,menmons et exmt~ng structure , if any Front Rear Depth .......... Height ............... Number of Stories Dimensions of game st,~ct,ure wi~h alterations or additions Front Rear ... Depth ....... }~' 'II';~! ,l¥ ,., Height Numbe f St ' 8. D~mensmnsof~fllrfenewconsth~ction:-F~a~..do.X./.~O. .... ~ . ~ · ." [ 'i" 9. ~ize of lot Fr0~'~:;~ ~ ' I Rear . ' .... ~- ' :.' .................... . "· '; .... ~ ..................... t~eprn ...... 10. Date of. Purchase ~?,/f'/ . ~ ..... ' .~ ~' ~3 ............ I1. Zone of use chstr,[~Lh ~h-[~,h ~remises are situated J%e¢ ~s (d~v~.'rq~.). ~' 12. Does proposed doastruction Wold;re any zoning law, ordinance or regulation: . ~i . . . 13. ,W. 1 lot be regraded ............................. Will excess fill b9 removed from premises: Yes Name of Architect , a,~ .... ~[~a, fl)/ //5-o 2 Phr~.a Nlt~ marne or ~zontractor . ' Adclr~e~ / ~ M 15. Is thxs property w~th~n 3~0 feet of a tidal wetland? *Yes...~.'.'.. ~ · If yes, Southold Tgwn Trustees Permit may be required. " .......... ". i PLOT DIAGRAM Locate clearly and distinctly all buddings, whether existing or proposed, and. indicate all set-back dimenmons from property lines. Give street and block r ,tuber or descriptioh according to deed, and show street names and indicate whether interior or corner lot. S ^TE OF NEW cou v, OF .. · · ..... · C.l gg,, ~.'~.~ []i' ./~"....5') ?{[..~. ............ being duly sworn, deposes and says that he is the applicant (Name of individual signing :ontract) above named. .eisthe ........................ i (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly aqthorized to perform or have performed the said work and to make and file this application; that all statements containe¢ in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner seg forth in the application filed therewith. Sworn to before me thisr~ r. ! ~ ............. day~.. {..~. .... , 1~. ~. Notary Publlo, State of NeW Y~ No. 4879505 Qualified in Suffolk Count/ 0/~ (Signature of applicant) Commission Expires DecemberS, MAIN ROAD- STATE ROAD 25 c~I3UTHOLD, L.I,, N,Y. 119'71 TELEPHONE {516) 765-1809 ACTION OF 'THE ZONING BOARD OF APPEALS Appeal No. 2784~ And 688 Application Dated January 24, 1984 TO: Mr. and Mrs. John Holzapfel 9 Hunters Trail Wading River, NY 11792 (letter) [Appellant (s) ] Mr, Robert T. Bayley At a Meeting of the Zoning Board of Appeals held on "January 25, 1984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception uhder the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section IX] Request for Relief from the usual requirements for new right-of-way improvements, i.e. Appeal No. 2784 as rendered October %5, 1981 (R.T. Bayley) Condition No. 3(a & b). WHEREAS, correspondence dated January 24, 1984 was received from Mr. and Mrs. John Holzapfel, new owners of a parcel of land located at the easterly section of a private right-of-way known as Private Road ~10 and located at the east side of South Harbor Road, Southold, the subject parcel being identified as County Tax Map District 1000, Section 87, Block 1., Lot 23.8; and WHEREAS, subsequent to 1981, this department has had road committee meetings with other departments concerning the burden of the require- ments in improving certain well-traveled existing rights-of-way; and WHEREAS, it is the opinion of"this board and the building inspector that some reli. ef should be given to the 1981 Z.B.A. requirements which are normally applied to new or lightly traveled rights-of-way, parti- cularly ~ince this road has a good base; and WHEREAS, a Z.B.A. decision rendered July 9, 1964 in Appeal No. 688 accept~ the width of this right-of-way; and WHEREAS, in relieving th~ 1981 road specifications for this right-of-way, it is noted for the record that it is not 'the intention of this board by this action to reopen or change any previous variances which involved this right-of-way or to extend the period of time allotted for appea~s; NOW, .~HEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goeh- ringer, it was. RESOLVED, that the following specifications be added to allow substitution i~ the means of improving this rlght-of-w y from those 'r originally requl ed by this board's October 15, 1981 decislon: (1) That the first 450 feet of the subject right-of-way shall be regraded to eliminate potholes and shall be improved a minimum width of ten feet with two inches [2"] of packed stone blend, and (CONTINUED ON PAGE TWO) DATED: January 26, 1984. Form ZB4 (rev. 12/8!~ ~ CHAIRMAN, SOU.THOLD TOWN ZONING BOARD OF APPEALS , ~ge 2 ~ January 25, 1984 Action ~ol~cernlng Appeal No. 2784 Matter of ROBERT T. BAYLEY/JOHN HOLZAPFEL (2) That the access road shall be regraded to eliminate potholes and be improved %o a width of 15 fee% commencing at a point approxi- mately 451 feet from South Harbor Road within the legal right-of-way and extending to the premises in question, now or formerly of Stewart and iden~ifled as County Tax Map No. 1000-87-1-23.8, and (3) That a clearance of a full 12 fee% in widSh,..ln~lu~ing the clearing of all branches and limbs, for suitable access by emergency vehicles, Shall be maintained at all times. Vote Of the Board: Ayes: Messrs. Goehringer, Doyen, G~igonis, Douglass and Sawicki. This resolution was unanimously adopted. GERARD P. GOEHRINGER, CHAIRMAN January 26, 1984