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HomeMy WebLinkAbout18782-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. ~TIFICATE OF OCC~PANC"f NO Z-27162 Date JUNE 28~ 2000 THIS CERTIFIES that the building ACCESSORY Location of Propert~ 1045 ORCHARD STREET ORIENT House No. Street Hamlet County Tax Map No. 1000 Section 25 Block 2 Lot 20.22 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 17r 1990 pursuant to which Building Permit No. 18782-Z dated FEBRUAR~ 16~ 1990 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 ACCEBSORY INGRO~IND SWIPING POOL WITH FENCE TO CODE AS APPLIED FOR & ~ PER ZBA %4739. The certificate is issued to WILLIAM & JOANNE E. RICH III (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N-129320 - MAY 17, 1990 N/A Rev. 1/81 Budding I~spector · OB~ NO. B TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 18782 NO- Z Do,o .~.~~ ...... /..~,. .............. , Permission is hereby granted to: ,o ............. ~~ ~ ......... cz'..~.....~.....~.~ ................ ~....~~... ........ .. ......... . 0t pr,,,,~,,,,,,=oted ot Z.~.9.~"......~.....~...~..,..~./.~...~.~.,......- ' ' .0..~.i County Tax Map No. 1000 Section ..~...~.'~.. ....... Bl,=k ...... ..0.....~... ....... Lot No~.~..?.:.)..~. pursuant to application dated .... .~.~ ...... ./..~. ............. , 19..~/.P..., and approved by the Building Inspector, Rev. 6/30/80 BLDG. DEPT. T~WN QF SQUTHOLD Form No. 6 TOWN OF SOUTHOLD BUILDING D EPARTM]ZNT TOWN HALL 765-I802 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: i. 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 I% 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 Upre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual hatural 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. 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. ~ Certificate of Occupancy on Pre-existinK Buildinm - $100.00 3. Copy of Certificate of Occupancy - 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 ,cation of Property .................... ~...~.C..~..C~..~-. ........ ~..~. ........... House No. Street Ha~et ,unty T~ ~p No i000, Section..'.~ &5...,..Block. · ~ - Lot ~0,~ ~bdivision .................................... Filed Map ............ Lot ...................... ~rmit No..L~.~..~ ..... Date Of Permit...~l~.~.0 ...... Applicant ............................. ~alth Dept. Approval .......................... Underwriters Approval ......................... Lanning Board Approval ........................ ~quest for: Temporary Certificate ........... Final Certicate ........... ................... . TO FOTM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL William Rich A/C Hahn Realty 1045 Orchard St. Orient N.Y. DATE; July 28, 1999 Please take notice that your application dated June 22, 1999 For a Certificate of Occupancy for .an accessory swimming oooi at Location of property 1105 Orchard St Orient County Tax Map No. 1000 - Section 25 Block 2 Lot 20.17 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds pursuant to Article III Section 100- 31 C.4 which states... Garden house, toolhouse, storage building, playhouse, wading pool. swimming p0ol or tennis court incidental to the residential use of the premises and not operated for gain.., subject parcel does not contain a principal residential use. Original permit for nool (#18782) was issued based upon a survey indicating that this lot had been merged with the neighboring residential lot, these lots were separated by ZBA in appeal # 2104 dated March 26, 1976 and have not merged. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION REGULAR MEt ~ lNG THURSDAY, OCTOBER 14, 1999 Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4739 - .lOAN AND WILLIAM RICH III lO00-25-2-20.17(andref. 19.1) STREET & LOCALITY: 1105 Orchard Street, Orient DATE OF PUBLIC HEARING: September 30, 1999 FINDINGS OF FACT PROPERTY FACTS: The subject property is a corner lot with 253.24 feet frontage along the west side of Tabor Road and t13.93 feet frontage along the north side of Orchard Street, OrienL The parcel is improved with a swimming pool and a storage building. A survey dated February 2, 1990, submitted by applicant, shows a combined area of 48,408 sq. ft. which includes the subject lot and the adjacent lot to the west (1000- 25-2-19.1, which measures 80 feet along Orchard Street and 251.28 feet deep and is improved with a dwelling). The 1990 survey indicates that the line between the two lots is the "former property line." (Applicant in this application to the Board of Appeals states that the two lots are separate and not merged as one.) BASIS OF APPEAL: Notice of Disapprovai dated July 28, 1999, denying a Certificate of Occupancy for the pool because it is not a permitted structure "pursuant to Article III Section 100-31C.4 which states ... Garden house, tool house, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain ... subject parcel does not contain a principal residential use. Original permit for pool (#18782) was issued based upon a survey indicating that this lot had been merged with the neighboring residential lot, these lots were separated by ZBA in Appeal #2104 dated March 26, 1976 and have not merged." RELIEF REQUESTED: Although the Notice of Disapproval refers to a CO only for the swimming pool, the Board understands that applicant seeks COs for both the pool and the storage building, and that both are denied for the reason that such structures are permitted only as accessories to a principal use, and there is no principal use on the subject property. Applicant states that he does not wish to merge the lots. The appeal presented to this Board does not expressly request a variance, but simply asks for issuance of the COs, presumably pursuant to this. Board's authority under Section 267 of New York Page 2 - October 14, 1999 ZBA Appl. No. 4739 - W. Rich 1000-25 -2-20.17 Town Law to reverse decisions of the administrative official charged with enforcement of zoning laws. REASONS FOR BOARD ACTION. DESCRIBED BELOW; On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant purchased lot 1000-25-2-19.1, improved with a dwelling and garage, in 1976, and lot 1000-25-2-20.17, which was then unimproved, in 1981. The two lots have been held in different names and have not merged. (2) In February 1990, applicant obtained Building Permit No. 18782 to construct a swimming pool and storage building on the easterly part of the property. Under Code section 100-31, such structures are permitted only as accessories to a principal residential use on a parcel. The building permit application appeared to request authorization to build the two structures on a single parcel that also contained the existing dwelling, making the two structures accessories: (A) the building permit application gave the lot size as 193.93 feet (front), 191.74 feet (rear) and 250 feet +- (depth), which are the dimensions of lots 19.1 and 20.17 combined for a total area of 48,408 sq. fi.; (B) the building permit application gave the existing and intended uses of the premises as, respectively, "private one-family dwelling w/ detached garage apart- ment'' and "private one-family dwelling w/detached garage apartment, detached barn and swimming pool"; (C) the building permit application included a survey on which a line is shown between lots 19.1 and 20.17 and is denoted "former property line." (3) Certificates of Occupancy were not issued for the pool and storage building at the time the projects were completed. When applicant applied for the COs, the Building Inspector issued the Notice of Disapproval cited above, dated July 28, 1999. (4) Applicant states that the Building Department made a mistake in issuing Building Permit No. 18782 and that he relied on that Permit to build the pool and storage building, and he asks this Board to direct the Building Department to issue COs for the two structures. Applicant contends that unless the COs are issued, he will be harmed by his reliance on the Building Permit. However, the Board concludes that the Building Department issued Permit No. 18782 not in error but in the belief that the two lots had merged, and that this belief was reasonably based on the information submitted in the Building Permit application. Because that permit record showed the lots as merged, the Permit properly authorized construction of two accessory structures on the property with the existing dwelling as the principal residential under Section 100-31C(4). It would be Page 2 - October 14, 1999 ZBA Appl. No. 4739 - W. Rich 1000-25-2-20.17 inappropriate for this Board now to direct issuance of COs for those structures as located on the unmerged lot 1000-25-2-20.17 without a principal residential use. ADDITIONAL INFORMATION: (2) The swimming pool structure is not a permitted accessory use on a lot which does not contain a dwelling. Section 100-31C(4) of the Zoning Code states that Accessory Uses are permitted limited to the following: "Garden house, tool-house, storage building, playhouse, wading pool, ~vimminq pool, or tennis courl; incidental to the residential use of the premises ..." (Emphasis added) (2) Swimming pools under Section 100-31C(4) of the Zoning Code are permitted accessory to a pdndpal residential use. (3) Applicant created his own difficulty by providing the "information" to the Building Department, for reliance in issuing a building permit, constructing a swimming pool and now, nine (9) years later, states that the building permit was not issued properly. The 1990 Building Permit record does confirm that the survey amended February 2, 1980 indicates a single lot area of 48,408 sq. ft., and the Applicant relied upon the same Building permit to construct the pool. (4) More than nine (9) years has passed since the Building Permit was issued (February 26, 2990). (5) Alternatives are available for applicant to pursue by: (a) .loining the two tracts of land, as submitted at the time of issuance of the building permit; or (b) make application for a Use Variance; or (c) remove the pool; or {d) build a principal dwelling use (after obtaining all permits). RESOLIJT~ON/AC'r~ON: On motion by Members Dinizio and Collins, seconded by it was RESOLVED, to DENY the request that this Board direct the issuance of Certificates of Occupancy for the swimming poo~ and storage barn located on lot 2000- 25-2-20.:1.7. VOTE OF THE BOARD: AYES: Goehdnger, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent dudng this Resolution.) This Resolution was duly adopted (4-0). 'X ~%~L') FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . .J..a.u.u.a.r. 7..3.0., ........... ,19 90 To .N.I.L..L.IA~.~.-..P. RIC~,,.J~-..A/C..b/ILLIAH RICH III 828 FRONT STREET P.O. BOX E GREENPORT, NErd YORK ] ] 944 PLEASE TAKE NOTICE that your application dated . .J..A.N??.R..Y..1.7.: ............ 19.9.q.. for permit to construct garage and sw£mm£ng pool on vacant lot at Location ofProperty~/?200~ TABOR ROAD & 1105 ORCHARD STREET ORIENT, County Tax Map No. I000 Section 25 Block 2 ... Lot 20. 17 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . . ?.u.d..e .r..A.r..t .i ¢ 1 e XXV I I I SgCTION I00-281 insuff£cient £nformatlon f£ied with bu£1ding perm£t appIieat ion. RV 1/80 FORM NO. 3 ToWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. To . ~ ,. NOTICE OF DISAPPROVAL Date../.~..~..P. ................ , ~9 Y.~... PLEASE TAKE NOTICE that your application dated .... .//./.7. ................ 19 ~.~.. house No, Street ~am/er County Tax Map No. I000 Section ...~..' .... Block ...~ ......... Lot .. ~.~.,. ~.. Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith, and disapproved on the following grounds, d~'f..~. ~. . ~ .~/,~'.../.~..~.?.~/.. ~..~..~,,.'.. ~-~.~... RV 1/80 · 7 °'t'7 J~) c.. ._. /12, T I ?/, 74 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802~ Examined .~.~J.~., 19 3.O. Approvedq::~~.l.(*., 197.o. Permit No. J. '.~..-/.~..2-..~.'~ Received .......... ,19. · · Disapproved a/c ..................................... l,,-~., ~d'l'~'v~uJ' } (Building Inspector) ~~ APPLICATION FOR BUILDING PERMIT Date...~..a.n.u.a.r.y..1.7...., 19 .9.0 IN STRUCTION S a. Tiffs application must be completely QUed in by typewriter or in ink and submitted to the Building Inspector, with: 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 street 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 commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permi shaU 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 Occupanc~ 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 th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances o Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described The applicant agrees to comply wittz aU applicable laws, ordinances, building code, hoarding code, and regulations, and t, admit authorized inspectors on premises and in building for necessary in~~~~ · ?.o..?.o.x. ?.,.. (Mailing address of applicant) State whether applicant is owner, lessee, agent, ~chitect, engineer, general contractor, electrician, plumber or builder Agent for Owner Name of owner of premises ..... .W.i. 1.1..i.a.m.. t3..i.c.h' . Z..I ! ................................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer· (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Oilier Trade's License No ...................... ~ I O~ 1. Locationofland on whichproposed work willbedone...ggr~.9~ .Q~9~.~9~.~g~ ............. ~C~ Tabor Road · Orient House Number Street Hamlet County Tax Map No. 1000 Section 025 Block 02 Lot 0-~ 020. SubdivJsioa ..................................... Filed Map No ............... Lot .............. (Name) State ex[sting usc and occupancy of premises and intended use and occupancy of proposed construction: b. lntuwled use and occupancy Private one-familX dwelling w/ detached ~rage ..... ' as'r .............. Garage ~, 3, Nature of work (check which ap;flicable): New/Building . , .X.X, ..... Additiun .......... Alteraiion Repair .............. l~.emoval .............. Demolition .............. Other Work }I.X.. (pQ.o.L.)... , (Duscription) 4. Estimated Cost . ./..~. ,~...."~7.. ?..~., .o'y~o... .............. Fee . l .~."~... -- .~"'P....~..._.~., .Oy~ .............. (to be paid on filing this application) 5, If dwelling, number oi' dwelling units ............... Number of dwelling units on each floor ............... If garage, nmnber of cars ........ 2. .............................................................. 6. If business, commercial or mixed occupilllCy, specify nature and extent of each type of use .................... 7, Dimensions of existing smtctures, if any: Front ............... Rear .............. Depth .............. Height ............... Number of Stories ....................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................. Depth lleight Number of Stories Front'.~O .... /. ~..2.0J... Rear ............ Depth .............. 8. Dimensionsofentirenewconstruction: ' 50' /. 20.' 26' / 40' Height ............... Number of Stories ....................................................... 9. Size of lot: Front 193,93 Rear 191.74 Depth 250+-- 10. Date of Purchase ............................. Name of Former Owner ............................ 11. Zone or rose district in which premises are situated .... A.. 7-.R.e.s.i..d.e.n.'qi. ,a.1 ................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: .. No 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes N~ 14. Na~ne ot'O~wmr of premises W±lJ_iara Rich III Address . Phone No, Name of Architect ........................... Address ................... Phone No ............... Name or'Contractor .......................... Address ................... Phone No ............... PLOT DIAGRAM Locate cleaxly and distinctly all buildings, whether existing or proposed, and, indicate all set-back din~ensions fron property lines. Give street ,'md block number or description according ~o deed, and show street names and indicate whethe, interior or comer lot, See Attached STATE OF NEW YORK, COUNTY OF...S.U?Xg.~.~ ....... S.S .... .W.I.I:,.L..I./.~...IJ. :. ?.R.I.C..E.,..J..R: ............... ':.... being duly sworn, deposes and says that he is the applican (Name of individual signing contract) : - ~' "' above named. hg. ent Itc is the ........................................................................................ (Contractor~ agent, corporate officer, etc.) of said owner or owners, trod is duly authorized to perform or have performed the said work and to make and file application; that all statements contained in this application are true to the best of his knowledge and belief; and that th work will be performed in the manner set forth in the application filed therewith. Sworn to be. fore nm this ........... .'4.3 ...... of ...... i ..... ,19 .%q ,-v _ ' 47078711,$uffolkCount~ - ' ........ '~-"'''' .... ::: ....... : ....... l~'l~i~ m,~ch ~ t~ (Signature of applican ...... /93.93