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Home My WebLink About33636-Z FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32889 Date: 02/14/08 THIS CERTIFIES that the building DECK ADDITION Location of Property: 145 ORCHARD (HOUSE NO.) County Tax Map No. 473889 Section 66 RD (STREET) Block 2 SOUTHOLD (HAMLET) Lot 26 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building permit heretofore DECEMBER 17, 2007 pursuant to which filed in this office dated Building Permit No. 33636-Z dated JANUARY 19, 2008 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 "AS BUILT" DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR & AS PER CONDITIONS OF ZBA #6089 DATED 12/6/07. The certificate is issued to KENNETH A HAMILTON (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMRIIT OF HEALTH APPROVAL N/A N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED ture Rev. 1/81 '7 '?'f- g 3".2. Form No.6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be nlled in by typewriter or ink and submitted to the Building Department with the following: A, For new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or tOJlographic features. 2. Final Approval hom Health Dept. of water supply and sewerage-disposal (S-9 fOlm). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Swom statement hom plumber certifying that the solder used in system contains less than 2/1 0 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. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: I. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees I. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swinnning pool $25.00, Accessory building $25.00, Additions to accessory building $25.00, Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $ I 00.00 3. Copy of'Certificate ,,(Occupancy - $.25 4. Updated Certificate of Occupancy - $50.00 5 .Iemporary Cerl i licale of Occupancy - Residential $15.00, COIillnercial $15.00 Location of Property': ---'_4: 5 I louse No. Owner or Owner-" of Property:_--1r.-__e..-Lll1..e J J" Suff">1k ('otllll \ la\ "lap No 1111111, Section ---.tf,6 ._ Old or Pre-existing Building: CJf~~~ Date.,L 1!~.J;Jj'_ )( ,__ (check one) 5f!)C/.);ho/ j, Nev.' Const11lctiOll: f?,A Street ~cm Block.2 Hamlet Lot 2.q__ Subdl\isiOIl ____ __________~,_~__ Filed Map. Lot: Penlllt No. ,~.363_e___ Date ofPcrmit. 1- /q - tli' Applrcant__'--"'-~I /.) on Health Dep\. ApPJ'(wal: ___. _. Underwriters ApproVed: Planning Board Appruval: Request fm: TClllp()rary' Certificate ___ Final Certificate: -){ (check one) Fee Submilted: $ _,2;-1- tJ () ~,"),lS~ eel.c 3.2\S'6 'I 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. 33636 Z Date JANUARY 19, 2008 permission is hereby granted to: KENNETH A HAMILTON 15 BARNES LANE GARDEN CITY,NY 11530 for : AS BUILT DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR PER ZBA at premises located at 145 ORCHARD RD SOUTHOLD County Tax Map No. 473889 Section 066 Block 0002 Lot No. 026 pursuant to application dated DECEMBER 17, 2007 and approved by the Buil.ding Inspector to expire on JULY 19, 2009. Fee $ 400.00 ~ ORIGINAL Rev. 5/8/02 J APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http:// southoldtown. north fork.nct I ., G'~: I ZONING BOARD OF APPEALS TOWN OF SOUTH OLD Tel. (631) 765-1809' Fax (631) 765-9064 Mailing Address: South old Town Hall 53095 Main Road' PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 6, 2007 ZB File # 6089 - KENNETH A. and EVEL YNN R. HAMILTON Property Location: 45 Orchard Road, Southold CTM 66-2-26 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, BASIS OF APPLICATION: Request for Variances based on the Building Inspector's September 10, 2007 Notice of Disapproval concerning an as-built deck addition at less than 35 feet from the rear lot line and which new construction will create a side yard location for a portion of the accessory garage (garage is entirely in a rear yard). ZONING CHAPTER 280 OF TOWN CODE (formerlv Chapter 100): Zoning Code Section 280-124 which states that the minimum rear yard setback is 35 feet and Section 280-15 which states that an accessory garage must be located in the rear yard, FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 15, 2007, 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: AREA VARIANCE RELIEF REQUESTED: The relief requested by applicant concerns the setback of a deck addition (as built) at the rear of the dwelling, located 21.5 feet from the rear lot line instead of the code required 35 feet, and concerns the pre-existing accessory garage which as a result of the as-built deck addition is located partially in the side yard instead of entirely in the code-required rear yard. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - December 6, 2007 ZBA File # 6089 - K. and E. Hamilton CTM 66-2-26 1. Town Law &267-b(3)(b)(3)(l). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Although many decks are constructed at greater height and with railings, this deck is similar to a patio or platform, except that it is raised +/- 16 inches above the ground. The rear yard contains level ground, and the deck at the height that exists is not easily visible from adjacent areas. The accessory building has existed in its present location for years, and the result of a portion of the shed along the side of the deck will not create an undesirable effect from any sides. 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. Reconstruction of the deck with stone material will not achieve a different effect since the property is residential and the rear yard is for use by the applicants as residents. 3. Town Law &267-b(3)(b)(3). The variance requested herein is substantial with respect to the deck. The application calls for a 38.5 per cent reduction in the required rear yard setback. The location of the garage as exists is a consequence of the extension of the house into the rear yard by construction of the deck and is not substantial. 4. Town Law &267-b(3)(b)(5). The difficulty is self-created, in that it was created when the applicant constructed a raised deck without a building permit. 5. Town Law &267-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. 6. Grant of the relief requested is the minimum action necessarv and adequate to enable the applicant to enjoy the benefit of his property, 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 ofthe above factors and applying the balancing test under New York Town Law 267- B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the Plot Plan dated 8-24-07 prepared by Boulevard Planning P.C., subject to the following Condition: That the deck shall remain open to the sky. That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not Page 3 - December 6, 2007 ZBA File # 6089 - K. and E. Hamilton CTM 66-2-26 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. 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. Vote of the Board: Ayes: Members Dini~(Chairm~.,. Goehringer, Oliva, and Weisman. Nay: Member Simon. This Resolution(w,s duly do te~ (4;1). \ . .." ames Dinizio 12/ I<-{ /2007 Approved for Filing Boulevard Planning PC. 32645 Main Road Cutchogue, N.Y. 11935 www.blvdplan.com Phone: 631.734.2011 Fax: 631.734.2276 Architects. Engineers. Construction Management ) I L. FEB '<\ February 6, 2008 Building Department Town of Southold Re: Hamilton Residence, Permit # 33636Z To Whom It May Concern, I hereby certify to the Building Department ofthe Town of South old 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 beliefthat the footings, and framing ofthe deck 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. 3~&3?Z TOWN OF SOUTHOLD BUILDING DEPT. 765.1802 INSPECTION [ ] ROUGH PLBG. [ ] ..,.(ULATION vr'FINAL [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT PENETRATION [ ] FOUNDATION 1 ST [ ] FOUNDATION 2ND [ ] FRAMING I STRAPPING [ ] FIREPLACE & CHIMNEY [ ] FIRE RESISTANT CONSTRUCTION REMARKS: L. .;Ji:l4f?J~ trJ.' . c:r-- -~ fL( ~< A1~,0 DATE INSPECTOR FIELD INSPECTION REPORT DATE I FOUNDATION (1ST) ------------------------------------- FOUNDATION (2ND) ROUGH FRAMING & PLUMBING L"iSliLATlON PER N. Y. STATE ENERGY CODE FINAL f--- 1--- - 1------- 1--- f..----- -~- 1----- 1------- --- -- -- COMMENTS . . \N \ ,', '"d \JV t'j ~i': \}lei ~. ;; IV · \-7 " ~, c:: en F: t'j + z-" o . " ~ - f;> .-(: f\- en ~ If\;j ~_ f:- .., '-..) "" f ~. ::x: ;l> C'\ ~ Tt'j .., l\ CJ (" ~ ::z s:...... //-u"> 111. /I. ~cF L /), ',,~\ Th r;,L.4r;-/cu / I ! {", '~,'J( u ~.r7~ .J L. ~~'L. r If- L; ./.. {'''''' . d .//: 1.-:'.'./) " v I //7 '-;:?' ..... " ).j I z-I" j I f cT/ . (>./J /, /7 v -. / ./S. Y....f /// / (/ ADDITIONAL COMMENTS :j::: :> 3 3~ z m -- ;0 t:'- :> -":) ='1-, ~' ---J~ I ::0; r,~ \ .., 05 ~r; z '" ~~ - b~ I;j t'j '"d ~ BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALl> . SOUTHOLD:NY 11971 TEL: (631) 765-1802 FAX; (631) 765-9502 www.northfork.net/Southold/ PERMIT NO. .~3b~ c Examined ,20~ ,20_ Approved Disapproved ale ,20 12 Phone: Expiration / .-/ Building Inspector APPLICATION FOR BUILDING PERMIT .::1') - A 1 Date 5e//1 , 1- ,2007 \ I J a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location oflot 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 Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. 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 in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance ofthe 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 auth6rizearf~p!<ctK1' /fa K1 ~'~'<:b alld in building for necessary inspections. , r~ Is I~; l . S : II r-' -'-,I ! -, t ,,~ i II, I 'I r! "",:' [[Ii , I [j: I' L___ ',N J , l'LLJ L(.r-, , 1 rr'^,/N or sr' 'Tj...IO' ., '---. '.. - ", ."----J INSTRUCTIONS 3.!tfl~ /f}1IfJr/ 1<01 ?'vfc,t~<'/d' (Mailmg addfess of applicant State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises 1 Eve /Vi'J ;jamt!/t7n (As on the tax (011 or latest deed) If applicant is a corporation, signature of duly authorized officer /J..5"en I- Ir e:nl1elA (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location ofland on which proposed work will be done: 11f.r tP f'c //I1.ul f.( ~ House Number Street 5oC/lh"IA Hamlet County Tax Map No. 1000 Section "tf' Subdivision YVUIliI:JM .. ~'~ )I.ov ~~ If.'.. "\ f. v:p....tl"t.f Dil.e~.oM VIN"":) .1011... Nl b"lUD~Q tIIS .to I.....,. .OMQII' "0111I"""0:) Viol Lot 2. 0' Lot (Name) 2. State existing use and occupancy of premises an intended use and occupancy of proposed constru(,tion: . a. Existing use and occupancy ~ t:''' ~ b. Intended use and occupancy r<?5Id~", C~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition Addition Alteration OtherWork t..~A/I;~h,p1? (Description) 4. Estimated Cost Fee 5. If dwelling, number of dwelling units / If garage, number of cars /1/ / A . (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 37, t5 Height t-/- ~ S- Number of Stories 2- Rear S"? t5 Depth .t I, Q. Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front ~ 7, 6 Rear S,?- If Height Number of Stories 2. Depth 40,4- 9. Size oflot: Front J J 2... Rear "1/, b 3 Depth II b 10. Date of Purchase Name of Former Owner II. Zone or use district in which premises are situated R-4() 12. Does proposed construction violate any zoning law, ordinance or regulation? YES --X NO_ 13. Will lot be re-graded? YES_NO L Will excess fill be removed from premises? YES_NO L 14. Names of Owner of premises fNcMI /~n Address 5/fI).e" ?, I, Phone No. 571- .J.4? 3 $;J> Name of Architect BLl/1) fJMmJM~ Address Cukl,,,<;.t.. PhoneNo 739-.3"1/ Name of Contractor Address - Phone No. 15 a. Is this property within 100 feet ofa tidal wetland or a freshwater wetland? *YES_NO ~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.e. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES_NO ~ * IF YES, D.E.e. PERMITS MAY BE 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 OF~t/k ) . t< (J j <r I- t <) 1'7 ~r f- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (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 before me this day of 20~ ~~ /---- ~~Of Applicant ... t. Me.new NOYM't fUlLlC..... Of NIW YOlllC No. 0hlC61all14 ~ IlIllelllllluflOlll COUIIly :1IIly to. ~llIlIn ............ ....... . i ~rfLijl'''!; , II II "--.. ,~ " , !~;:!\:';~;;f "',' 'e. , :;~G:i .'i !'!?:'1,')~;'-i !,. ;',j;ii'.if:i~i::~> ,"" ;; ", ""I'''RO;"qo -..,.'" \!:" . , .' 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