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HomeMy WebLinkAboutZ-45516 ��S�FFO Town of Southold 9/3/2024 53095 Main Rd H x Southold,New York 11971 tip • ��� PRE EXISTING CERTIFICATE OF OCCUPANCY No: 45516 Date: 9/3/2024 THIS CERTIFIES that the structure(s)located at: 465 Brown St,Greenport SCTM#: 473889 Sec/Block/Lot: 48.-3-20.1 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 45516 dated 9/3/2024 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: wood frame single family dwelling with front enclosed porch.* (For dwellingfacing Linnet Street AKA 711 Linnet Street The certificate is issued to 465 Brown St Gprt LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL . ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. A o ized i nature BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 465 Brown St,Greenport SUFF.CO.TAX MAP NO.: 48.-3-20.1 SUBDIVISION: NAME OF OWNER(S): 465 Brown St Gprt LLC OCCUPANCY: ADMITTED BY: SOURCE OF REQUEST: 465 Brown St Gprt LLC DATE: 9/3/2024 DWELLING: #STORIES: 2 #EXITS: 2 FOUNDATION: poured concrete CELLAR: full CRAWL SPACE: x BATHROOM(S): TOILET ROOM(S): UTILITY ROOM(S): PORCH TYPE: front enclosed DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: GARAGE: DOMESTIC HOTWATER: yes TYPE HEATER: electric AIR CONDITIONING: TYPE HEAT: FHA oil WARM AIR: forced hot air HOT WATER: #BEDROOMS: #KITCHENS: BASEMENT TYPE: OTHER: ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST: STORAGE,TYPE OF CONST: SWIMMING POOL: GUEST,TYPE OF CONST: OTHER: VIOLATIONS: REMARKS: INSPECTED BY: JOHNJ DATE OF INSPECTION: 6/27/2024 TIME START: END: r/ oF SOUlyolo S-� A 4 :qlq�4f"r, N OF 9.OUTHOLD -BUILDING DEPT. coo 631-765-1802 INSPECTION [ ] FOUNDATION 1 ST/ REBAR [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION/CAULKING [ ] FRAMING /STRAPPING [ ] FINAL [ _ ]-FIREPLACE & CHIMNEY-- [ ] FIRE SAFETY INSPECTION [ . ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] . ELECTRICAL (ROUGH) [ ] RECTRICAL (FINAL) [ ] . CODE VIOLATION [ P C/O [ ] RENTAL REMARKS: (o .6956, '� WDD 16V\ DATE (D INSPECTOR �I OFSOGT # # TOWN OF SOUTHOLD . UI DING DEPT. . "cou►�� 631-765-1802 I NSPECT IN [ ] FOUNDATION 1 ST/ REBAR [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ]'INSULATION/CAULKING [ ] FRAMING /STRAPPING [ ] FINAL [ . ] FIREPLACE& CHIMNEY [ ] FIRE.SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ECTRICAL (FINAL) [ ] CODE VIOLATION [ :PRE C/O [ ] RENTAL REMARKS:` V Sod'' G saw( y V611A AIIA- A-qdvwwx -. - -6 lS� ✓eu�- /w� ��- to, o Iw DATE i - uu - �t INSPECTOR ' hO��OF SOUIyO� [ V 1 � (o r„� ,p of # # TOWN OF SOUT OLD BUILDING DEPT. utm, 631-765-1802 INSPECTION [ ] FOUNDATION 1ST/ REBAR [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ . ] INSULATION/CAULKING [ ] FRAMING/STRAPPING [ ] FINAL [ ] FIREPLACE &-CHIMNEY [ ]. FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [/FIRESISTANT PENETRATION ELECTRICAL (ROUGH) [ CTRICAL (FINAL) CODE VIOLATION [ C/O [ ] RENTAL REMARKS: CN DATE INSPECTOR ECE " E J U i_ 2 4 2024 Building Department I. Town of Southold r S.C.T.M. NO. DISTRICT: 1000 SECTION: 48 BLOCK: 3 LOT(S):20.1 U.P.0 LINNET STREET EDGE OF PAVEMENT U.P.0 S 82°46'10"E 100.00, E" — — w z ¢ CONC.FU 100.00' W J W.M. STOOP 10. 68.9' 20.5' . 3 w w ¢ 2 STY. LOT 38 00 FRM. z M N = cc N DWELLING o"� N as ao z O H M N �J N Q N w (9 W O -4.7. 2 CIO o w N � 15.8' o M.H. 10 8 z LOT 36 CONC. LU STOOP Y z z 0.3'W w X— CONC. y SLAB d LOT 61 LOT 60 LOT 59 Ld Li 0.6'W ` LOT 34 LOT 24 LOT 26 LOT 211 6 STOCKADE Z J z a O U Q v REBAR rFCCONC. GATE STOOP I m w z 0 L 66.8' w N n LOT 32 0.1'E 1 STORY _z N MULTI FAMILY N DWELLING EO �y CONC. 14.2' S 7.n M srooP 6.3' 0i 24.1' M W COVERED 2.3' CONC. AA E-+ STOOP 28.5' CONC.STOOP �¢ z LOT 30 o 1 z w '> Fc 100.00' N MON. ¢ 1 ¢ 0.3 0.3''E N 82044"1 W 100.00, o MON. DRAIN W.M. 1� r, EDGE OF PAVEMENT BROWN STREET I o m, HYD. U.P. THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. AREA: 22,524.03 SQ.FT. or 0.52 ACRES ELEVATION DATUM: _________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOTS 26,28,59 & 60 INCL. �EOFNE�'Y CERTIFIED T0: JAMES OLINKIEWICZ; MAP OF: GREENPORT DRIVING PARK �P,-�N M wow 0 EMILY REEVE; DIME COMMUNITY BANK; FILED: DEC. 1, 1909 No.369 z�� 465 BROWN ST GREENPORT LLC; W * 711 LINNET ST GREENPORT LLC; SITUATED AT: GREENPORT o STEWART TITLE INSURANCE COMPANY, TOWN OF: SOUTHOLD �� "r J� KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK s�, 050882 �� Professional Land Surveying and Design C N S P.O. Box 153 Aquebogue, New York 11931 FILE #221 -185 SCALE:1 "=30' DATE: SEPT 18, 2021 PHONE (631)298-1588 FAX (631) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk INSP;ECT,ION SURVEY' LOCATION: Lllj ran �� SCTM#:1000- SUBDIVISION: lAAP#: g�-•Tj-�,Q• LOT(S): NAME OF OWNER(S): OCCUPANCY TYPE: ADMITTED BY: ACCOMPANIED BY: KEY AVAILABLE: SOURCE OF REQUEST: DATE: STRUCTUREe� - . . TYPE OF CONSTRU TION: �Id4 �(/N #STORIES: # EXITS: TW a FOUNDATION: i BASEMENT: �� CRAWL SPACE: #OF BEDROOMS 1ST FLOO.R:. 2ND FLOOR' 3RD FLOOR: BATHROOM(S): TOILET ROOM(S): UTILITY ROOM: PORCH, TYPE: ;4 DECK,TYPE: PATIO, TYPE: BREEZEWAY: FIREPLACE: GARAGE: DOMESTIC HOT WATER: TYPE HEATER: A/C: TYPE HEAT: ft-:� O C WARM AIR: —� HOT WATER: # O I HE : FINISHED BASEMENT: HER •A ES ' RY..STRU .. GARAGE,TYPE OF CONST: STORAGE, TYPE OF CONST: SWIMMING POOL: GUEST,TYPE OF CONST: OTHER: VIOLATIONS::.CHAPTER 1�44'&NYS:UNIFOltmI'CODE: LOCATION: DESCRIPTION: ARTICLE/SECTION: 0 4000, tub Aj REMARKS: INSPECTORS: , n DATE:b TIME START:'(���t7 TIME END: 711 LINNET F9 F9 PORCH ABOVE ENCLOSED PORCH LIVING OFFICE BED 1 BED 3 UNFINISHED STORAGE & MECHANICALS BED 2 DINING BED 4 4 CRAWL SPACE BATH KITCHEN r BASEMENT FIRST FLOOR SECOND FLOOR 900sff 530sff TOWN OF SOUTHOLD—BUILDING DEPART 4 �, Qa Town Hall Annex 54375 Main Road P. O. Box 1179 South d 11971-QQ9 Sk Telephone (631) 765-1802 Fax(631) 765-9502 hops://www:sontholigym1 y.gov, APPLICAT-ION.,FOR PRE EXISTING.,CERTIFICATE OF:0�0 A .. OWNERS OF PROPEkii Name:711 Linnet St Greenport LLC Date:5/8/24 Physical Address: -Lj(05 QX-OwtN 4S* �rcet�por� N`0 u944 SCTM#1000- 48-3-20.1 Phone#: 631-749-3217 Email: hilyamused@gmail.com Mailing Address: PO Box 591 Shelter Island Hts, NY 11965 E Nc:-CONTACT•'P RSO Name: James Olinkiewicz Mailing Address: PO Box 591 Shelter Island Hts, NY 11965 Phone#: 631-749-3217 Email: hilyamused@gmail.com To apply for a Pre C.O.for an existing building(prior to April 9, 1957) provide the following: • Accurate Survey • Floor Plan • $200 Fee CONSENT TO INSPECTION That the undersigned does hereby give consent to the Building Inspector of the Town of Southold to enter upon the above described property, including any and all buildings located thereon,to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws,ordinances, rules and regulations of the Town of Southold. Owner's Signature Date TY OWNER AUTHORIZATION �-a,(�a,� (Where the applicant is not the owner) '100 I, residing at the above address,do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date BOARD MEMBERS O�SOU Southold Town Hall Leslie Kanes Weisman,Chairperson O�� lye 1 53095 Main Road-P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora, «:Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��yCOUMV Southold,NY 11971 RECEIVE® Q http://southoldtownny.gov �&4 /_ ir, � 1 ,A A 0. r-P � ZONING BOARD OF APPEALS C� l _I ,T Ian nG' �5 TOWN OF SOUTHOLD SEP 1 9 2022 Tel.(631)765-1809-Fax(631)765-9064 0. 0UN'10 d Town Clerk FINDINGS,-DELIBERATIONS AND DETERMINATION MEETING OF SEPTEM 3ER 15,2022 ZBA FILE: 7674 NAME OF APPLICANT: 465 Brown St Greenport,LLC and 711 Linet Street Greenport,LLC PROPERTY LOCATION: 465 Brown Street, Greenport,NY SCTM No. 1000-48-3-20.1 SEQRA 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 COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply. dated May 10,2022,stating that this application is considered a matter for local 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. TOWN OF SOUTHOLD PLANNING BOARD: The application was referred to the Southold Town Planning Board for comment. In a memorandum dated August 29, 2022, the Planning Board states that although the degree of variance is substantial,the buildings on the lot already exist through prior Zoning Board relief, and that the degree of density will not change the character of the neighborhood as the surrounding lots are of similar sizes. This would also include mitigating the sanitary issues,by connecting to the village sewer or upgrading the septic systems of both lots to a new Innovative Advanced (I/A) system approved by the Suffolk County Department of Health Services. The Planning Board recommends amending the original variance so that a third single family dwelling is not an option. PROPERTY FACTS/DESCRIPTION: The subject property is a 22, 524 sq. ft. non-conforming parcel in a Residential R-40 district. The property has a 100.00 feet frontage along Brown Street,then turns north for 225.26 feet to a frontage along Linnet Street of 100.00 feet, then returns south 225. 22 feet back to Brown Street. The property is improved with a one-story two-i family dwelling(mis-labeled on the survey as multi-family)fronting on Brown Street and a two-story single family dwelling fronting on Linnet Street on this through lot with two street frontages. BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14; Article XXIII, Section 280- 124; and the Building Inspector's April 26, 2022 Notice of Disapproval based on an application for a two lot residential subdivision,at: 1)both lots having less than the code required minimum lot size of 40,000 square feet;2) Page 2,September 15,2022 #7674,465 Brown Street SCTM No 1000-48-3-20.1 both lots having less than the code required lot width of 150 feet,3)both lots having less than the code required lot depth of 175 feet; 4) proposed lot #2 less than the code required minimum front yard setback of 40 feet at: 465 Brown Street,Greenport,NY. SCTM#1000-48-3-20.1. RELIEF REQUESTED: The applicant requests the following variances in order to subdivide an existing parcel into two non-conforming lots: ' 1. Create a parcel(lot 1)with a lot area of 11,293 sq.ft.where 40,000 minimum square feet is required by code, a lot width of 100 feet where 150 feet minimum is'required,and a lot depth of 112.5 feet where a minimum of 175 feet is required. 2. Create a parcel (lot 2)with a lot area of 11,231 sq. ft.where a minimum of 40, 000 is required, a lot width of 100 feet where a minimum of 150 feet is required,and a lot depth of 112.5 feet where 175 feet is required. 3. To maintain an existing single-family dwelling on proposed Lot 2 fronting on Linnet Street with a front yard setback of 14.5 feet where a 40 feet minimum front yard setback is required. ADDITIONAL INFORMATION: According to prior variance relief#3303 dated February 20, 1985 and testimony by the applicant's agent, the property has been legally developed with three dwelling units (one single family dwelling and one two-family dwelling)since 1985. During the public hearing, neighbors testified that they believe the two dwellings may share a common sanitary system which is a hookup to Greenport Sewer System through an easement from one dwelling within the sewer district to the other which may not be in the sewer district.No confirmation of the sanitary hookups or onsite septic for either dwelling was submitted. Neighbors also expressed opposition to the subdivision due to concerns over rentals and future upgrades to and expansion in size of the existing dwellings by the landlord/property owner. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 1,2022 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: 1. Town Law_4267-bQ)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing lot was granted variance relief for three dwelling units in a past ZBA(decision which cleansed up the property that originally had existing non-habitable dwellings,and trailers. The requested subdivision relief would make the existing parcel more conforming to the code and the surrounding neighborhood properties,and;although each of the two lots would have non-conforming lot areas,they would be comparable in size or Iarger than other lots in the immediate neighborhood. Moreover, no additional residential density would result.Therefore,no undesirable change in the character of the neighborhood will occur. 2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The proposal requires that relief be granted to create non- conforming lots which are consistent with the lots in the neighborhood. 3. Town Law 4267-b(3)(b)(3). The variances granted herein is mathematically substantial, with an overall relief representing approximately 73% relief from the code for the creation of the substandard lot sizes. However, the resulting parcels will not be smaller than existing neighboring parcels, and in some cases, they will be larger than other existing parcels in the neighborhood. Land use density will not be increased due to this subdivision. The relief for the front yard setback of the existing dwelling is mathematically substantial at 63.75% relief. However, that setback was legally established by a prior ZBA decision and no changes are proposed Page 3,September 15,2022 #7674,465 Brown Street SCTM No 1000-48-3-20.1 4. Town Law 4267-b(3)(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 and the conditions of approval imposed.herein. 5. Town Law 4267-b(3)(b)(5). 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 Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a property subdivision 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 Lehnert,seconded by Member Acampora,and duly carried, to GRANT the variances as applied for,and shown on the survey by Kenneth Woychuk,Land Surveying,dated revised May 4,2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The existing dwelling on Lot 1 shall remain a two-family dwelling and shall never contain more than two dwelling units 2. In the event that the two-family dwelling on lot 1 is demolished or in need of such major repairs as to constitute a demolition per Town Code definition,the CO for a two-family dwelling shall be extinguished and only one single family dwelling shall be permitted on lot 1 in conformance with Town Code. 3. The applicant shall submit to the ZBA and Planning Board a corrected survey depicting the one-story building on Lot 1 as a two-family dwelling and NOT a multi-family dwelling. 4. The dwellings on both lots 1 and 2 shall be serviced by separate sanitary systems,which may be either new Innovative Advanced IA Wastewater Treatment systems approved by the Suffolk County Department of Health Services or by hook up to the Greenport Village Sewer District or a combination of both,with proof of hook up and/or Health Department approval submitted to this Board within three years from the date of this decision, 5. Any existing sewer easements across one lot to the other shall be extinguished so that both parcels will have self-contained sanitary systems. 6. Final Revised signed and stamped surveys of both separate lots shall be submitted to this Board, showing the one-story building fronting on Brown Street as a two-family dwelling,the two-story building fronting on Linnet Street as a single-family dwelling,and the location and type of sanitary system on each lot. 7. The applicant shall receive subdivision approval from the Southold Town Planning Board.Failure to do so with render this decision null and void. This approval shall not be deemed effective until the required conditions have been`net.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4,September 15,2022 #7674,465 Brown Street SCTM No 1000-48-3-20.1 Any deviation from the survey, site plan and/or architectural drawings cited in this decision,will result in delays andlor 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. IMPORTANT TIME LIMITS ON THIS APPROVAL 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.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure. to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes:Members Weisman(Chairperson)Dantes,Acampora,and Lehnert. This Resolution was duly adopted(4-0)(Member Planamento Abstained) aesZ1i1eKan/'esWeisman-, Chairperson Approved for filing 195ai /2022