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HomeMy WebLinkAbout32388-Z FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-32538 Date: 08/20/07 THIS CERTIFIES that the building ADDITION (aka 445 Kimogenor Location of Property: 80 JACKSON ST (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 117 Block 10 & ALTERATION Point Road) NEW SUFFOLK (HAMLET) Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 25, 2006 pursuant to which Building Permit No. 32388-Z dated SEPTEMBER 26, 2006 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 ADDITION AND ALTERATION TO A ONE FAMILY DWELLING AS APPLIED FOR PER ZBA #5753 DATED 10/27/05. The certificate is issued to KIMOGENOR PT CO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A 06/20/07 ELECTRICAL CERTIFICATE NO. 3021183 07/18/07 DAVID ROY JR PLUMBERS CERTIFICATION DATED ~,~ Rev. 1/81 FORM NO. 3 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) PERMIT NO. 32388 Z Date SEPTEMBER 26, 2006 Permission is hereby granted to: KIMOGENOR PT CO 445 KIMOGENOR PT. CUTCHOGUE,NY 11935 for ADDITION & ALTERATION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR at premises located at 80 JACKSON ST NEW SUFFOLK County Tax Map No. 473889 Section 117 Block 0010 Lot No. 001 pursuant to application dated SEPTEMBER 25, 2006 and approved by the Building Inspector to expire on MARCH 26, 2008. Fee $ 150.00 r~--~ ~ Authorized Signature ORIGINAL Rev. 5/8/02 r . `1. ' - ~ ~ ~ Form No. G ~ ~ I _ ~AUG - TOWN Ok SOUTEIOLD 1 BUILDING DEPARTMENT I{___ TO}VN HALL ~ _ 7G5-1802 . APPLIC,-1TION >?OR CLRTIl!ICATE OF OCCUP.ANCh This application must be filled in by t}pewriler or ink and submitted to the Building Department with [he following: A. F"or new bullding or uew use: 1. Final survry of property with accurate location of a11-buildings, propcrty'fines, slreeis, and unusual natutal or topograpluc feattttes. 2. Final Approval hom Health Dept of water supply and sewerage-disposal (S-9 form), 3. Approval otelectrica? installation from Board of Fire Underwriters. 4. Swom statement from plumber certifying that the solder used in system contains less than 2/1 p of 1 lead. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance hom arc7»teu or engineer responsible for the building. 6. Submit Planning Boazd Approval of complUed site plan requireatertts. B. For existing buildings (prior to Apri19, ]957) non-conforming uses, or buildings and °`pre-exisling^ laud uses: 1. Accurate survry of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly eomplded application and consent to inspect signed by the applicant. ]f a Certificate of Occupancy is denied; the Building Inspector shall state the reasons therefor in writing to the applicant C. Fees - - l . Certificate of Occupancy -New dwelling 525.00, Additions to dwelling $25.00, Alterations to dwelling $23,00 Swtmmtng pool 523.00, Accessory building 525.00, Additions to accessory building $25.00, Businesses 550.00. 2. Certifcate of Occupancy on Pre-gtisting Building - 3100.00 3. Copy of Certificate of Occupancy - S25 4. Updated Certificate of Occupancy - $50.00 3. Temporary Certificate of Occupancy -Residential S 13.00, Commercial S l5. New Addition and Renovated Kitchen Date._y~~G [ Z-8U7 New Construction: X Old or Prz-existing Building: X 4 5 1 geno Point oad (Cot a N (check ate) LocationofProperty: (of£'~$ jar-i~~~ h c ~fpi~t ~ ~~n3~t~mogenor Point House No. Street Hamlet Uwner or Owners of Property: Anne L. Pollio (Co-Op-The Kimo:renor Point_ Company) Suffolk County Tax blap No 1000, Section 117 Block 0010 Lot 001 Subdivision Filed hfap. _ Lott Petmit No. . -3238$- Z - DatcofPermit.9 26 06 ,_Applicanl'Anne L_Pollio_.Limo enor Point Co.) Heahh Depl. Approval: _ Underwriters Approval: Yes Plarotine )3oard Approval: Request for: Temporary Certificate Final Certificate: _ X (che one)' Pee Submitted: $ 50.00 ~ Cp>?3as~~ ~ G~ /J _ G ~a I,~1 , THE KIMOG e 'taT rnMparv IC'e v'~ • pphcant Signature n BY:~I r ~/j/,- Benedict Pollio, Authorized Representative 1~7~-1D-/ t7 rJ~rJ~rJ~rJ~cPcPcPcPcPrJ~rJ~rJ~~frJ~rJ~cP~.TrJ~rJ~rJcPrJc.tcPr~rJ'~Prlrlrl~PrJrJ~rJ~rJ~r~rnrJ~rJ~rJ~cPr?PrlcPcfr?P~fr?fcPrJ~rJ~rJ@J~cPcPrJ~rJ~rJr1rJ~rnrJ'~ o 5 BY THIS CERTIFICATE OF COMPLIANCE THE IYh oq-e~n ~4' 5 NEW YORK BOARD OF FIRE UNDERWRITERS 5 5 40 FULTBON STREEOTF NEWCYORIK,I NY 10038 5 5 CERTIFIES THAT Upon the application of upon premises owned by 5 REP ELECTRIC BEN POLLIO ~j PO BOX 635 80 JACKSON STREET 5 MATTITUCK, NY 11952, CUTCHOGUE, NY 11935 C5 5 c~ Located at 80 JACKSON STREET CUTCHOGUE, NY 11935 CCJ. ~S Application Number: 3021183 Certificate Number: 3021183 5 Section: Block: Lot: Building Permit:32388 BDC: ns11 ffS Described as a occupancy, wherein the premises electrical system consisting of 5 electrical devices and wiring, described below, located in/on the premises at: 5 Basement, First Floor, addition, Outside, 5 5 A visual inspection of the premises electrical system, limited to electrical devices and wiring to the extent detailed 5 C5D herein, was conducted in accordance with the requirements of the applicable code and/or standard 5 promulgated by the State of New York, Department of State Code Enforcement and Administration, or other 5 authority having jurisdiction, and found to be in compliance therewith on the 20th Day of Tune, 2007. 5 Name ~ Rate Ratine Circuit 1 to c5 5 Alarm and Emergency Equipment 5 Ij Sensor 1 0 Carbon Monoxide 5 5 Sensor 1 0 Smoke 5 Cj Appliances and Accessories S 5 Dish Washer 1 0 1.2 KW 5 5 Exhaust Fan 1 0 F.H.P. rj 5 Wiring and Devices 5 Outlet 27 0 Fixture r,7 5 Fixture 27 0 Incandescent L~ 5 Outlet 29 0 General Purpose 5 5 Receptacle 12 0 General Purpose 5 5 Switch 29 0 General Purpose 5 5 Paddle Fan 1 0 5 5 Receptacle I 0 20a Laundry 5 5 Receptacle 1 0 30a Dryer 5 5 Receptacle 6 0 GFCI 5 5 Service sea/ 5 1 Phase 3 W Service Rating 200 Amperes 5 5 Continued on Next Page 1 of 2 rj 5 This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. 5 5 5 D cPr~rJ'rJrrnrJ~r1~ rJ~r.!'rlrJrrPc.tcPcfrJ~cPrJ~rJ~rJ~r~cPrJ~cPcPrJ@PrJ~~PrJ~i_frlrJ~rJ~rJ~rJ~cPrJ~rJ~rJ~rJcPcPr~rJ~rJ~cPrlrlcPrJ~rJ~rJ~r.fcPrJrJ'cPcfrlrJ~cP O O r1rJ~rJ'rJ~~rJ~rJ~rJ~cJ'cPrJ~r~rJ'r~'rfcPcJ~rJ~cPcPrJ~rJ~rJ~rJ~rJ~cPrlrlrJ~rJ~cPrJ'arlrJ~rJ@PrJ~rJ~cJ~rJ~rfrJ~rJ~rJ~rJ~rJ~rJ~rJ~rJ~tPtPrJ~r~rJrJ'rJ~rJ~rJ~cPrJ~rJ~rJ~rJ~ o S g 5 NEW YORKTBOARDcOF~FIRE LUNDERWRITER 5 5 BUREAU OF ELECTRICITY 5 fj 40 FULTON STREET - NEW YORK, NY 10038 5 5 CERTIFIES THAT 5 5 Upon the application of upon premises awned by 5 REP ELECTRIC BEN POLLIO S PO BOX 635 80 JACKSON STREET 5 c5 MATTITUCK, NY 11952, CUTCHOGUE, NY 11935 CS rS Located at 80 JACKSON STREET CUTCHOGUE, NY 11935 c~ e5 Application Number: 3021183 Certificate Number: 3021183 C~ Section: Block: Lot: Building Permit:32388 gpC; ns11 5 Described as a occupancy, wherein the premises electrical system consisting of 5 electrical devices and wiring, described below, located in/on the premises at: 5 Basement, First Floor, addition, Outside, ~5 5 A visual inspection of the premises electrical system, limited to electrical devices and wiring to the extent detailed 5 5 herein, was conducted in accordance with the requirements of the applicable code and/or standard S promulgated by the State of New York, Department of State Code Enforcement and Administration, or other 5 5 authority having jurisdiction, and found to be in compliance therewith on the 20th Day of June, 2007. 5 5 Name ~ Rate Ratine Circuit Tvoe 5 Service Disconnect: 1 200 cb 5 5 Meters: 1 5 S 5 5 5 5 S 5 5 5 ~~S 5 seal 5 2 of 2 5 This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. c 5 5 a ~~~s~~s~~~~~~~~rnssss~~rs~rs~sss~s~~~~rnrs~~~~~ssss~s~~rn~~~~~~rsrsrsrss~ a o~gUFFO~,~co • o~ H x 'own Hall; 53095 Main Raacl Oy ~ ~~C Fax (631) 765-9502 P.O. Box 1179 ~ffOl ~~O "telephone (G31) 765-1802 uthold, Nce~ Turk 11071 095+> I3UILDlNG DEPARTML-'N'f TOWN OF SOUTHOLD CGRTIFICA.T[ON llate: / 1 ~ b v / Building I'ernlit No. _ 3--~~~---- '`7- Owner: _~1~,Yi G. Z, . 1 la ~1~-~_L~O~R.r~~~ (f'leasc print) U Yltln,be-~ ~,P N- (Lo ~ ~ - (1'lcasc.l. ~iiltj I ccrhl)- Ihal the soldea' used irl the ~~%ater supply system coltteins less than 2.'10 of 1% lead. ~L.~k'St-t-L-Yit lumbers Signature) S~morn to bcforr me Ibis day oI(J.~ - Z+~Q~ _ ~ CONNIE M. JACKSQN Notary Pubtw, Stnte of NsW llblt No. Ot JAA12St tTB ~.(7,~,7~--~ _ ~ualfiad In Suffolk Courts/ Commission ExpMes Apra 1 t, 20 Fi Y'~YAaw~~v181JW~tOY~WIRwI4iiICu.Y4M.Y3-1JMilM1i=~"A'~' NolaryYublic_ 0.~~-r_ __('ouni4, T'd iSLE48Z-TE9-T yuawano~dwT alnTosgy 1 APPEALS BOARD MEMBERS ~~1~f SOVI~f~ Southold Town Hall Ruth D. Oliva, Chairwoman ~0 lp 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer ~ # Southold, NY 11971-0959 Vincent Orlando ae Office Location: James Dinizio, Jr. ~ • ~O~ Town Annex /First Floor, North Fork Bank Michael A. Simon lyCO~~ 54375 Main Road (at Youngs Avenue) ' Southold, NY.11971 http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD _ Tel. (631) 765-1809 • Fax (631) 765-9064 n,; q 2 - ( FINDINGS, DELIBERATIONS AND DETERMINATION - MEETING OF OCTOBER 27, 2005 ZBA No. 5753 -Anne Pollio and Kimogenor Point Company, by Benedict J. Pollio, Attorney-In-Fact Property Location: 445 Kimogenor Point Road, New Suffolk CTM 117-10-1 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Co-applicant, Kimogenor Point Company, is a cooperative and owner of premises, which includes Parcel 3, improved with the co-applicant, Anne Pollio's single-family dwelling owned and occupied under a proprietary and Perpetual Lease, and shown on the November 2, 2000 survey prepared by Joseph A. Ingegno, land surveyor. Adjacent are Parcels 1 and 2, also in the name of Kimogenor Point Company, improved and shown on the 6/16/82 survey, amended by Otto W. VanTuyl & Son, made for Kimogenor Point Company of the entire 7.2+- acres. BASIS OF APPLICATION: Building Department's March 22, 2005 Notice of Disapproval, citing Section 100-31 in its denial of an application for a building permit to construct a proposed addition o an existing single-family dwelling. The reason stated by the Building Inspector in the disapproval is that the construction is proposed on a lot that is improved with several single-family dwellings and other structures, citing Section 100-31A which reads: Yn the AC, R...Districts, no building or premises shall be used and no building or part of a building shall be erected or altered for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot.' FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 and October 20, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The applicants wish to construct additions to asingle-family, two-story dwelling, as shown on the plot plan prepared May 18, 2005 by Boulevard Planning East, P.C. The single-story addition is proposed to be a family room, 16.6' by 21.5 feet in size, located at the northeast corner of the dwelling, 22.6 feet from the closest (easterly) lot line. ~ Page 2 -October 27, 2005 : ZB File Ref. 5753 -Anne Pollio; Kimogenor Point Company CTM 117-10-1 REASONS FOR BOARD ACTION On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the structure proposed is not substantially altering the existing building on the same location. The use of the building is not being altered, and will remain as asingle-family dwelling in the same location. The scale and character of the addition will keep the dwelling within the harmony of the properties surrounding the house and the adjacent neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the subject dwelling is located on a lot that is owned co- operatively with many other homeowners on the same lot. If the applicant were required to build an addition to conform to the strict regulation of the code for one dwelling on a lot, only one dwelling would be permitted, resulting in removal of dwellings off the property. Also, the addition does not change the single-family dwelling use of the applicant's building. 3. The variance granted herein is not substantial. The addition is for a family room, and not a proposal to create another dwelling or to substantially increase dwelling density. 4. The difficulty has not been self-created. This development has existed for many years before zoning, and it was the adoption of a zoning plan and regulations that created nonconformities to the property with the dwelling structures on it as a single lot. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, 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 Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the plot and elevation plans prepared May 18, 2005 by Boulevard Planning East, P.C. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolution was d dopted (4-0). Ruth D. Oliva, Chairwoman 11/4/05 Approved for Filing S~~ ~o~~,OF SO!/lyo6 +j~~,©# -~1, • 'f~0UN1'1:~ TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 1 NSPECT ON [ ] FOU DATION iST [ ROUGH PLBG. [ ] UNDATION 2ND [ ]INSULATION [ ]FRAMING /STRAPPING [ ]FINAL [ ]FIREPLACE 8~ CHIMNEY [ ]FIRE SAFETY INSPECTION [ ] FlRE RESISTANT CONSTRUCTION [ ] FlRE RESISTANT PENETRATION REMAR " 9~ E DATE ~ INSPECTOR ~o~~,OF SOUTyo6 3 a-3 ~g ~ TOWN OF SOUTHOLD BUILDING DEPT. 765.1802 INSPECTION [FOUNDATION 1ST [ ]ROUGH PLBG. FOUNDATION 2ND [ ]INSULATION [ FRAMING /STRAPPING [ ]FINAL [ ]FIREPLACE & CHIMNEY [ ]FIRE SAFETY INSPECTION REMARKS: l~-~ ~ ~ ~ t b DATE ' 1 r~ ~ ~ ~ INSPECTOR ~o~~,OF SOUTy~6 32-3 88- 2- ~+cnuxn,`~' TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ]FOUNDATION 1ST [ ]ROUGH PLBG. ( ]FOUNDATION 2ND [ ]INSULATION [ ]FRAMING /STRAPPING [FINAL [ ]FIREPLACE 8~ CHIMNEY FIRE SAFETY INSPECTION [ ] RRE RESISTANT~C/ONSTRUCTpION [ ]FIRE RESISTANT PENETRATION REMARKS: ~ ~ ~ • DATE r ~ ~ ~ INSPECTOR Boulevard Planning PC. ~ Architects • Engineers • Construction Management www.blvdplan.com 32645 Main Road Phone: 631.734.2011 Cutchogue, N.Y. 11935 Fax :631.734.2276 August 6, 2007 Building Department Town of Southold Re: Pollio Residence, Permit # 323882 To Whom It May Concern, I hereby certify to the Building Department of the Town of Southold that I have inspected the above locations; I have supervised the preparation of the building plans as per State Education Laws; and I have determined to the best of my professional knowledge and belief that the insulation was installed in conformity, with the filed building plans, the New York Residential Building Code, and generally approved construction practices. If you have any further questions, please feel free to call me at any time. R e p ors, 6. as T A John f ~ II 9 ~ "I ~ ~ . ' 06-i5-2087 11:16 SOUTFIDLD BUILDING DEPT 16317659502 PHGEI - . - - vX!Cii'G. MA5UN1?Y L/J r.!r! Al DkA11B 2C~ 5' Y tl• I l -4 B~f y © ~ O n G 17 4' ! . ~V -4 f /AV/(~ "+L~f-/` TNR OM r. / p ~J ~'.IQ x q 8 + (1~'I-1 yell! 21 0 'V Q~ WAtiHPR DRY[R~ N f4~ y _ /JJ) may-/~' ~~G1.T W ~ 1 ` - ~n •x, AJ S t [9 ~)i> 's ~I y .n= F I m PRO. ~ U FAMILY / I \ W ca O } \~.+~1'I r,~:G?tN?tN I vIX`M / \ F: ~ h ~y } ~ rrnlNr~ I . cEUiNe~ 1 2.I 3gt:L34' LY ML UN[a 7%AT I 1 :%Ifi:IR(~S: RLCN I ~~QJONG AfXNE ~ i f'~4' '4. I Y FLOOR PLAN WALL TO BE REMOvED WALL TO BE f1EHAM NEW WALL CONSTfd1CTION • 06-15-2007 11:16 SOUTHDLD &.IILDING DEPT 16317659''0 PRCvEi / 2tY S' I z'sr s{r 4• © O z M ?-z•.n i~ S IO' 4~ I~' ao 0( V ;o TMR M - ~ r. •.IR 5'~ A'8- ~ . 26 WgJNCR DRYDL!:' w ryl ~ M =.::r t a. r7 ''y/~\'UD n/A~1' V yr f '.,1 ~ Y_ ~ a lit - ~ - _ ff~ R'DGL _ _ _ _ 'L~ I ~ fi I - ~ N ~ b > PR CU FAMILY / I \ w a~ at 7 O I ~ \a~ i i h f / ~ CA1"nEDRN I CfnNG~ ~ ` L ~u L ~ 1 CEILINa 2-I y1`a9~T14 M_ urx ar iwar I ~ ;xl`iilNG ~iCa1fN ~CAIJNG pIRNE I'pRta - I L 1 L _ _ ~ 4• If•'~4' f FLOOR PLAN SCALE :1 /4"=1'- WALL TO BE REMOVED WALL TO 6E REMAIN NEW WALL CONSTIalCTION APPEALS BOARD MEMBERS OF $~(/T Mailing Address: Ruth D. Oliva, Chairwoman ~~y~~ yO~O Southold Town Hall Gerazd P. Goehringer 53095 Main Road • P.O. Box 1179 }1\ * ~ Southold, NY 11971-0959 (vim- James Dinizio, Jr. fn ~ Office Location: v Michael A. Simon ~ i~ Town Annex /First Floor, North Fork Bank Leslie Kanes Weisman lyC~~~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http: //southoldtown. northfork. net ZONING BOARD OF APPEALS ~ 4 TOWN OF SOUTHOLD `1 Zj ~ Tel. (631) 765-1809 • Fax (631) 765-9064 ~ I ~I~y ~ ~ / FINDINGS, DELIBERATIONS AND DETERMINATION ~ -1~ ~ ~ (J,J MEETING OF JUNE S, 2006 ~ I G ` 1~ ZB File No. 5889 -Anne L. Pollio and The Kimogenor Point Company J zj ~ ~ Property Location: 445 Kimogenor Point, New Suffolk CTM 117-10-1 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Co-applicant, Kimogenor Point Company, is a cooperative and owner of premises, which includes Parcel 3, improved with the co-applicant, Anne Pollio's single family dwelling owed and occupied under a proprietary and Perpetual Lease, and shown on the November 2, 2000 survey prepared by Joseph A. Ingegno, land surveyor. Adjacent are Parcels 1 and 2, also in the name of Kimogenor Point Company, improved and shown on the 6/16/82 survey, amended by Otto W. VanTuyl & Son, made for Kimogenor Point Company of the entire 7.2+-acres. BASIS OF APPLICATION: Building Department's April 4, 2006 Notice of Disapproval citing Section 100-31, in its denial of application for a.building permit concerning an addition to an existing dwelling. The reason for the disapproval is that Section 100-31 states that "In AC, ...R Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arrange, intended or designed to be used, in whole or in part, for any uses except (1) One-family detached dwellings, not to exceed one dwelling on each lot." The new construction is proposed on a lot which contains more than one dwelling. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicants obtained a variance in a decision rendered October 27, 2005 under appeal No. 5753 for a family room, 16.6' by 21.5 feet in size, located at the northeast corner of the applicant's dwelling. This application is fora 12'4" x 9'6" kitchen expansion and fora 6' by 6' covered porch (expansions that were not previously filed with the Zoning Board of Appeals and not approved under appeal No. 5753 in 2005). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. This property is improved with multiple buildings occupied as single-family dwellings. Code Section 100-31 of the Zoning Code clearly limits the number of dwellings to only one on each lot. The requested expansion of Page 2 -June 8, 2006 ZB File No. 5889 -Anne L. Pollio & The Kimogenor Point Co. CTM No. 117-10-1 the nonconforming dwelling is the second request made by applicant. The dwelling is nonconforming on a lot which contains multiple dwellings. The Board is not in favor of expanding the nonconforming use of this property. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance by planning changes within the existing building area of the nonconforming dwelling. 3. The relief requested is substantial. ZBA Appeal 5753 dated October 27, 2005 approved a 16.6' x 21.5' addition of a family room. This is a second variance application seeking further expansion for an additional 12'4" x 9'6" kitchen addition and a 6'x6' covered entrance. Expansions of a dwelling on a lot containing nonconformities as a development of multiple dwellings is not permitted under Section 100-31. 4. The difficulty has been self-created. This additional expansion was part of the owner's original discussions with the architect during 2005. The applicant chose not to request a variance for the additional construction or to submit the plans for same at the hearings held August 18, 2005 and October 20, 2005. Following approval for the first expansion, the applicant chose to proceed with the second request for additional expansion. The difficulty has been self-created. 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 Oliva, seconded by Member Simon, and duly carried, to DENY the variance, as applied. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). )l t y AI.R Ruth D. Oliva $ ~(3 /06 Approved for Filing FIELD INSPECTION REPORT DATE COMMENTS l?~ ^a W FOUNDATION (1ST) - - p~f, ~ - - - FOUNDATION (2ND) - ~ ~ - z ~ oa o - o ROUGH FRAMING & _ - ~ y PLUMBING - - - - UI - - '1 INSULATION PER N. Y. _ - - _ _ _ - H STATE ENERGY CODE - - _ 9 d ~6 ~ - ~ D - - , ~ ~ ~ FINAL ~ - ~ ~ W ADDITIONAL COMMENTS _ - ~ ro - - - c'~ °z - - x - ~ y x e - b _ y TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Boazd approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. ~ ~ Check Septic Form N.Y.S.D.E.C. Trustees Examined )'1'i , 20~ Contact: Approved ~ , 20 Mail to: Disapproved a/c ~ " Ph f Expiration 20~ ~J ~ b a. O Building Inspector l I ! 12 2004 ~ APPLICATION FOR BUILDING PE s _ Date , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter 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 waterways. 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 issue a Building Pemrit to the applicant. Such a pemut 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 what so ever until the Building Inspector issues a Certificate of Occupancy. £ Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted isthe interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months..Thereafter, anew permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pemrit 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 admit authorized inspectors on premises and in building for necessary inspections. ( nature of ca or name, if a corporation) (Mailing address of applicant)~~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder pp ~L n Name of owner of premises fJGh tG~I G T YO l7 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized offic4.r (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ~ ¢¢S ~t?mvitcrior /df Rd ~ /V~w v House Number ~ -7 Hamlet County Tax Map No. 1000 Section I ~ / Block ~ O Lot p~- Subdivision- ~(r m o~ sn v /Gf- Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~G 5t I~sn !-C b. Intended use and occupancy l2 CSlall to ! t 3. Nature of work (check which applicable): New Building Addition~Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost .5~~ Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling traits on each floor If garage, number of cars N 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N 7. Dimensions of exisfing structures, if any: Front Jr~, .S Rear s~, ,J Depth 3 Height Number of Stories Dimensions of same structure with alterations or additions: Front ~S Rear S^ , Depth ,3 7 Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front /l/~~ Rear Depth 10. Date of Purchase Name of Former Owy~ner 11. Zone or use district in which premises are situated - g U 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO~ 13. Will lot be re-graded? YES NO~WiII excess fill be removed from premises? YES NO X 1 14. Names of Owner of premises o I v Address 1 /9 Wh, ~i~j,.l/ Blr~ Phone No. 5/ 6 -~9p -Z SOD Name of Architect BI ?O~ p/vn ~'.c 5 Address 32645" /M6m /Pcl Phone No 73 f ~ Z 0/l Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES x NO * IF YES, D.E.C. PERMITS MAYBE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY O/F ) ~D 6 it ~ G G ~Y Gr ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)Heisthe ~cjGy (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to fore me this jl day of '-V- ~or~ 2'p°g{{~-~ ;~iC, State o ~ 8p. 8356196 Nassau County of c' ° ' Signature of Applicant Benedict ollio - 1461 Franklin Avenue i Garden City, IVY 11530 ,~N 2 0 -T (516) 248-2500 J Fax: (516) 248-2348 J Cell: (516) 410-2424 i - - mail ~claw.net (New Suffolk House 631-634-6696) VIA FACSIMILE: (6311765-9502 Town of Southold Building Department P.O. Box 1179 Southold, NY 11971 Attn: Ms. Patricia Conklin June 15, 2007 Re: Anne L. Pollio / Kimogenor Point Company 445 Kimogenor Point Road (Off Jackson Street) New Suffolk, NY Family Room Addition 16.6' x 21.5' 2 BA Approval October 27, 2005 No. 5753 Final Plans Dear Pat: Thank you for faxing me the Architects submitted final Floor Plan. You are correct, he showed the original plan with a kitchen extension, which was not approved. I have mazked up, signed and enclosed the Floor Plan to illustrate that the kitchen extension was not annroved and does not exist. I have also whited-out the kitchen extension and resubmitted a signed Floor Plan, without the kitchen extension. This is the actual exterior perimeter. I have also enclosed several photos (in color) which cleazly show the as-built Addition, without any kitchen extension. I hope this suffices and we do not have to call on the azchitect for any further submissions. As I mentioned the existing east kitchen wall (next to the Addition) was dry-rotted termite ridden and so badly damaged that it had to be replaced, so most of the kitchen cabinets had to be taken down. As a result, we gutted the entire kitchen and redid electrical, plumbing, wallboazd etc. without extending it. The Contractor says that the Town Inspector has seen the vazious construction stages of the kitchen (as well as the Addition) and approved it. I presume the CO will include both the Addition and the Renovated (existing) Kitchen. Incidentally, on the Addition Floor Plan the laundry and bathroom were reversed (east/west) in position (which have already been approved by your Inspector). 1 Please let me know what else is required in order to obtain the CO. Our electrical and plumbing work should be completed next week and the Fire Underwriters Certificate obtained shortly thereafter. Thank you for all your help and patience and I am sorry for these incorrect architectural submissions, which, as before, were never shown to or approved by me. ards, C B edict J. ollio BJP:ap Encloswes 2 Benedict J. Pollio 1461 Franklin Avenue Garden City, NY 11530 I a ~ (516) 248-2500 Fax: (516) 248-2348 Cell: (516) 410-2424 ~ s =_~J mail(a~rpclaw.net (New Suffolk House 631-634-6696) October 16, 2006 Ms. Patricia Conklin Town of Southold Building Department P.O. Box 1179 Southold, NY 11971 Re: Pollio-Kimogenor -Addition 445 Kimogenor Point Road Permit No. 323882 Issued September 26, 2006 Dear Pat: As we discussed today, the Plans that were originally submitted showed a 41" crawl space whereas the later Plans that were ultimately submitted and approved show only an 18" crawl space. However, you asked for an elevation certification which we submitted, by Joseph Ingegno, Land Surveyor, dated September 19, 2006. As a result, you indicated that, despite the approved Plans, we would be permitted to have a 41" crawl space. Would you kindly confirm that by signing and returning the enclosed copy of this letter in the envelope provided. Thank you for all your kind and patient attention. Very t ly yours, B~ e ict olli BJP/bmf Enclosure Approved: October 2006 Southold Building Department By: Patricia Conklin EKE f ~,g nDamoNS a ~aooP / veeaoe moe e~uwu ALTERATIONS h- _ TO THE m ~ POLLIO m ~ ~ ~ RESIDENCE o KRAOGENOR PORJT 1 _ NEW SOPPOLK NEW YORK 9 SGi.MN IWO~ 111-IO~Pp01 drs s i FLOOAPL4Y ~ i ~ BDNPVAIID PL~HNPIG ' PAST. 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