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HomeMy WebLinkAbout1000-48.-2-7.1 TOWN OF SOUTHOLD Rental Permit f 4 'V 1058 Owner Tira Tejada & Pedro Rivas Occupied as Accessory Apartment Located at 305 (708) Flint St. Greenport 48.-2-7.1 Maximum Permitted Occupancy 2 Is in compliance with all of the provisions of the code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and by the laws adopted by the New York State Fire Prevention and Building Code Council. Expiration is two (2) years from date of issue. The operator is responsible for arranging for the bi-annual inspection. 2/1/2024 de Enfor e� en ►cis This Notice must be posted by the main entrance at all timesT _1 TOWN OF SOUTHOLD— BUILDING DEPARTMENT 04� Town Hall Annex 54375 Main Road P. 0. Box 1179 Southold,NY 11971-0959 Telephone(631) 765-1802 Fax (631) 765-9502httL)s-fjymsouthq1dLo—w ,,!1Y.,gQ-Y E bn FE, E RENTAL PERMIT APPLICATION JAN 2 2 20,'?4, Rental Permit Fee $300 (Application must be renewed every two Section A. Property Information: Rental Property Address: o., Tax Map Number: 1000 SECTION � -BLOCK SECTION B. OWNER INFORMATION: Property Owner Name. Vo- Property Owner Legal Address: Property Owner Mailing Address: (Cannot be the same as Rental Property Address) C!;k 0— Telephone Number (s): Daytime31k1'8\R\(ZA4!rvening_ Emergency34 ?-'4 4A Property Owner Email Address: 300 Page 1 of 4 SECTION F. PROPERTY DESCRIPTION: Number of Rental Dwelling Units on property: For each Rental Dwelling Unit set forth the Rental Dwelling Unit identifier (for example, Unit 1, Unit 2, Unit 3 or Apt A, B, C); the use of each room in the Rental Dwelling Unit (for example, Kitchen, Bedroom 1, Bedroom 2, Living Room) and the dimensions of each room, For properties with multiple Rental Dwelling Units use "Rental Permit Application Addendum." Rental Dwelling Unit Identifier: Requested Maximum number of persons allowed to occupy Dwelling Unit: Number of rooms in Rental Dwelling Unit: Use and Dimensions of each room in Rental Dwelling Unit: 1` 1,%. y \J�f1 ��d1C11 1 d— J/1 i ,1 SECTION G. INSPECTION: Pursuant to the Town Code of the Town of Southold Chapter 207 (Rental Properties), a safety inspection by Code Enforcement Official is required. If the owner chooses not to have said inspection performed by the Town, a certification from a licensed architect, a licensed professional engineer or a home inspector who has a valid New York State Uniform Fire Prevention Building Code Certification is required stating that the property which is the subject of the rental permit application is in compliance with all of the provisions of the code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and by the laws adopted by the New York State Fire Prevention and Building Code Council. ❑ 1 am requesting a fire safety inspection to be performed by a Code Enforcement Official from the Town of Southold ❑ I am submitting a completed Town of Southold certification form from a licensed architect or a licensed professional engineer. Page 3 of 4 SECTION H. DECLARATION: Signature must be notarized and MUST be the owner of the dwelling unit. STATE OF NEW YORK) ) COUNTY OF SUFFOLK) I � G , certify under penalty of perjury, the following: 1. 1 am the owner of the property identified in "Section A" of this application. 2. The property owner's legal address set forth in "Section B" of this application is my legal address and I understand the Town will use the address for service pursuant to all applicable laws and rules. I further acknowledge that I will notify the Town of Southold Building Department of any changes of address within five (5) days of any changes thereto. 3. 1 have read and received a copy of Chapter 207 of the Code of the Town of Southold and agreed to abide by the same. 4. 1 will notify the Town within five (5) business days s to any change to the information regarding Authorized Agent, Managing Agent, or Site Manager. Property Owner's Name:-­ Property Owner's Signature, CONNIB D.BUNCH Notary Public,State of New York No.01BU6185050 � da of � �G1'(1LiGl/ 20� Qualified in Suffolk County Sworn to before me thi y - Commission ExpiresApril 14. . . Official Notary Public Signature and Original Notary Stamp Page 4 of 4 Ffita Town of Southold 5/5/2023 P.O.Box 1179 53095 Main Rd �r Southold,New York 11971 ........... ..w...............................w............. CERTIFICATE OF OCCUPANCY No: 44069 Date: 5/5/2023 ...................................................................... THIS CERTIFIES that the building ALTERATION Location of Property: 305 Flint St,Greenport SCTM#: 473889 Sec/Block/Lot: 48.-2-7.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/12/2022 pursuant to which Building Permit No. 48984 dated 3/6/2023 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: a&cess a artment within existing single family dwell na as lieclf rper ZBA#74„58 dated 2/24/2012,1. The certificate is issued to Tejada,Yira&Rivas,Pedro of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R-21-1471 2/15/2023 ELECTRICAL CERTIFICATE NO. 46691/48984 11/7/22&3/23/23 PLUMBERS CERTIFICATION DATED All o Town of Southold 3/4/2023 " P.O.Box 1179 53095 Main Rd " Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 43 885 Date: 3/4/2023 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 305 Flint St,Greenport SCTM#: 473889 Sec/Block/Lot: 48.-2-7.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/3/2021 pursuant to which Building Permit No. 46691 dated 8/13/2021 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: Itcrtioavand adclitoszacPu rare l aLid r:isel..laas+ rnpti., prira morn with w _laathrca .„tra, istin fa,q� dweiiina attgd fair per i #7458,-�1, pe12/24/2021. The certificate is issued to Tejada,Yira&Rivas,Pedro of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R-21-1471 2/15/2023 ELECTRICAL CERTIFICATE NO. 46691 10/28/22& 11/7/22 PLUMBERS CERTIFICATION DATED 12/12/2022 Pe r ivas Au. a..ed i nature FORM No 4 TOWN OF SOUTHOLD BUILDING DEPARTNTM Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. 244.57. . . . . Date . . . . . . . . . . . . .Nov.. . . .1 . . . ., 19.71 . THIS CERTIFIES that the building located at . .NIS. .Flint .St. Ext. . . . . . . Street Map No. Grpt,•D•r• •Pl$lock No. . . . . . . . . . .Lot No. .7g.,ac $p. . . . .Greenport • •N•.•3&. conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . .June . .?. . . ., 19.70. pursuant to which Building Permit No.479a. . . dated . . . . . . . . . . .June . .4. . . ., 19. .7.0, was issued, and conforms to all of the require- ments of the applicable provisions of the law.The occupancy for which this certificate is issued is . Pzivate -one •famd.jy•due I2-in g. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . The certificate is issued to .Joseph. G-renshaw. . . . . . Cerner • . . . . . . . . . . . . . . . . . • . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .piov a . 1 Q� .19173 • •by ..R,. V 111& . . . House it 305 Flint 6t Ext. . . . . d . . . . . . . . . . , Lding Ib pec or BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �� i 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora AL Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. Iw 54375 Main Road(at Youngs Avenue) Nicholas Planamento , Southold,NY 11971 -- http://southoldtownny.gov RECEIVED CEIVE ZONING BOARD OF APPEALS $ y8 Am TOWN OF SOUTHOLD MAR - 1 2021 Tel.(631)765-1809 •Fax(631)765-9064 Q. FINDINGS,DELIBERATIONS AND DETERMINAT[SO_ old Town Clerk MEETING OF FEBRUARY 24,2021 ZBA FILE: 7458 NAME OF APPLICANT: Pedro Rivas and Yira Tejada PROPERTY LOCATION: 708 Flint Street, Greenport,NY SCTM#1000-48-2-7.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNII YAADMINI; TRA'1"IVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25,and the Suffolk County Department of Planning issued its reply dated December 16,2020 stating that this application is considered a matter for Iocal determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PRfflE; ' CrS/l3ESCRII?TTIt N- The subject property is a non-conforming 8,222 square foot parcel located in the Residential R-40 Zoning District. The northerly property line measures 274.37 feet and is adjacent to the MTA Long Island Railroad property,the easterly property line measures 61.50 feet,the southerly property line measures 267.39 feet and is adjacent to Flint Street,the northerly property line and the southerly property line meet to form a triangle as there is no westerly property line. The parcel is improved with a one-story framed dwelling with an attached wooden deck in the rear of the residence,an"as built" 12.1 ft.by 8.2 ft.accessory shed located 5.8 feet from the northern property line, and a concrete driveway to the east of the residence which abuts the property line to the east,and a concrete driveway abutting the southern property line. The property is fenced with a 6 ft.stockade fence except for the front yard as shown on the survey prepared by John T.Metzger,LS,and dated January 27, 2020. BASIS OF,APPL,ICA°I°I;O : Request for Variances from Article III, Sections 280-15; Article XXIII, Section 280- 124;and the Building Inspector's September 11,2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling and to legalize an"as built"accessory shed; at 1)proposed dwelling is located less than the code required front yard setback of 35 feet; 2)proposed dwelling is located less than the code required rear yard setback of 35 feet;3)proposed construction more than the code permitted maximum lot coverage of 20%;4)"as built"shed located in other than the code permitted rear yard; located at: 305 Flint Street, Greenport,NY. SCTM#1000-48-2-7.1. RELIEF REQUESTED: The applicants request a permit to construct additions and alterations measuring 619.85 sq. ft. to an existing single-family dwelling and to legalize an "as built" accessory shed.. These improvements which will result in a code permitted accessory apartment in the principal dwelling r useby,the applicant's parents d Page 2,February 24,2021 #7458,Tajada&Rivas SCTM No. 1000-48-2-7.1 create front yard and rear yard setbacks of 4.8 feet and 14.1 feet, respectively, and increases the lot coverage to 21.2%. The as built shed is located in a non-permitted side yard location all as shown on the site plan prepared by John J. Condon, LPE,(Kehl Design Associates,LLC)and dated May 25,2020 ADDlT1 A1,1NF 1 T1ON: The applicant's attorney submitted numerous similar prior variances granted by the Board of Appeals in the subject neighborhood including ZBA file numbers 5787, 5801, 5474, 1537,3013,3014, 3080. The applicants will also be installing a new and up to date septic system that will be located to the west of the proposed construction. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 4,2021 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: I.Town Law 267-b b I . Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The non-conforming size of the lots in the subject neighborhood were established in the early 1900's and over the years,since the inception of zoning in the 1950's,many dwellings have required variance relief for pre-existing non-conformities. The existing house has a front yard setback of 4.8 feet,while the average setback of front yards within 300 feet in this community is approximately 8.95 feet.The parcel faces railroad tracks and industrial uses to the rear,On the opposite side of Flint Street,the zoning jurisdiction changes to Greenport Village where the zoning code allows smaller front and rear yard setbacks than the code of the Town of Southold. The subject property is at the end of Flint Street where there is little visual impact on other properties, and the side yard has no adjacent neighbors. The proposed addition is in keeping with the size of other homes in the neighborhood. 2. Town Law 267» b 2 . The benefit sought by the applicants cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The plans for the proposed ground level addition conform to the requirements of an accessory apartment within the principal building. If the applicants wanted to build a two- story addition to maintain the existing lot coverage,due to the pre-existing non-conforming setbacks in the front and rear yards,they would still need variance relief. The parcel is triangular shaped from east to west and because of its irregular configuration, and since there is no room for a shed in the very small rear yard, the only space on the property for the shed is the non-conforming side yard location. 3. Town Law 267-b 3 b 3 , The variances granted herein are mathematically substantial,representing 86%relief from the code for the front yard setback, 59.7% relief from the code for the rear yard setback, 6% relief from the code for lot coverage and 100%relief for the shed in a non-conforming side yard. However,due to the odd triangular shape of the property there is no conforming location for the shed and since the dwelling does not have a basement for storage,the shed is a necessity for the homeowner. The increase of 1.2% over the allowed lot coverage for the addition while maintaining the as built shed is reasonable based on the lot size and the neighborhood. The proposed addition to the dwelling to be used as a code permitted accessory apartment at 619 sq. ft.in size is less than the maximum code permitted size of 40%of the livable floor area of the principal dwelling. Additionally,the proposed addition will maintain the same pre-existing non-conforming front yard setback as the principal dwelling. 4. Town Law 267-b 4 . No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. r Page 3,February 24,2021 #7458,Tajada&Rivas SCTM No. 1000-48-2-7.1 5. Town Law 267-b` a . The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town►LawLa §2267-lam. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition to the principal dwelling and legalizing an "as built" shed while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Acampora,seconded by Member Dantes,and duly carried, to GRANT the variances as applied for, and shown on the Site Plan and Architectural Drawings (Floor Plans and Elevations sheets A 101 & A 102) prepared by John J. Condon, LPE, (Kehl Design Associations, LLC) and dated May 25,2020. SUBJECT TO THE FOLLOWING CONDITIONS: I.An upgraded sanitary system approved by the Suffolk County Department of Health Services must be installed on the subject property Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature far an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3)consecutive one(1)year terms. PeslieKanes rd: Ayes: mbers Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). Weitna ,Chairperson Approved for filing � 2021 a (� TOWN OF SOUTHOLi,DBUI DING I 6311 -7654802 t , , • "},,,_ INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PEBG. [ ] FOUNDATION 2ND [ ] INSUL TION/CAll [ ] FRAMING / STRAPPING [ ] F AL [ ] FIREPLACE & CHIMNEY ly FIRE SAFETY IN; [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PE [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FII [ ] CODE VIOLATION [ ] PRE C/O [ I ................... .y o, - SUBFLOOR NEW FOUNDATION LAYOUT PLAN _ .... s�a:p=ra _. NOT FOR FOOTING PLAN CONSTRUCTION USE UNLESS CERTIFIED BY A PROFESSIONAL ! ENGINEER - RIVAS uv x RESIDERCE 705 FLINT STREET GREENPORT•NY,11 844 SCTM9 10004"2-7,1 ..... Lr - FOUNDATION FOOTING PLAN AND FLOOR PLANS 3 e r EXISTING FIRST FLOOR PLAN NEW FIRST FLOOR PLAN _. F Y. wr � � - TOWN OF SOUTHOLD PROPERTY1 � � D OWNNER STREE= VILLAGE -- — -- a DIST= SUB LOT o� - DORMER OWNER- N - - .` E ACR. A W TYPE OF BUILDING _ RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS � .ar T �= ` f Ile e t J_ I I 0 n i = e i AGE BUILDING CONDITION i NEW NCRMAL BELOW ABOVE FARM Acre Value Per Vclue Acre Tillable FRONTAGE ON WATER , Woodland FRONTAGE ON ROAD , Meadowland I i I I DEPTH House Plot BULKHEAD Total DOCK �n Z/ TOWS OF SOUTHOLD PR T q( j C(- :ARD OWNER £STREET VILLAGE DIST. SUB. LOT I 1 f r FORMER OWNER `— it ` E ACR S W TYPE OF BUILDING RES, SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS _ - _ e n, Ll i��� t YL. - Z _ { E a 3 t t ' -17 17, s� AGE BUILDING CONDITION .T ` t NEW NORMAL BELOW ABOVE FA`R.'1a Acre Value Per Vclue Ac re Ti I Ia6ie FRONTAGE ON WATER , Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD DOCK Toto l y Z E. TRIM a l - _ s l ; ki - 1 s 1000-48.-2-7.1 3/2023 mI M. Bldg. 1.4Vt Extension I Extension E Extension C. e. i' Foundation Bath Dinette Porch _ 04 Basement �� .Floors - 'K. Porch Ext. Walls VInterior FinishLR. �. Breezeway Fire Place f Heat / , DR, I �aag Garage ;Type Roof 'Rooms lst Floor BR. � e Patio Recreation Room Rooms 2nd Floor FIN B O. B. Dormer ,Driveway i Total :�O" __ i