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Home My WebLink About34423-ZFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY ~o: Z-33811 Rte: 07/01/09 THIS CERTIFIES that the building DECK ADDITION Location of Property: 765 DOGWOOD LA SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax ~4ap No. 473889 Section 54 Block 5 Lot 32 subdivision Filed ~4ap No~ -- Lot No. -- conforms substantially to the Application for Building Permit heretofore filed in t~/s office dated FEBRUARY 5, 2009 purs,,a-t to which Building Perm/t No. 34423-Z dated FEBRUARY 6, 2009 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 ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to COSTAS & HAROULA TERZIS (OWNER) of the aforesaid building. Rev. 1/81 ' ~' ' TOWN OF SODTIiOLD - FOr new b~d~ or new use: de~, ~e Buit~g ~r s~] s~te ~c ~o~ ~r in ~g to the applier. C~fi~te of Occup~y - New dwel~ $25~00, Ad~tio~'~ dw~lllng $25.00, ~t~t~o~ Sw~ug ~t $25.00~ A~ b~g $25.~, A~fio~ to a~ssoF buiMing $~ .00, B~esse$ $50.00. 2. Cc~fi~te ofO~up~cy ~ Pm~s~g Buil~g- $100.00 3. Copy of C~ificate ofO~up~ - 4.' U~t~.CeAificatc ofO~up~cy - $~0.00 5~ T~0~ ~Aifl~tc of O~upaucy - R~id~ti~ $15.00, Co~c~ial $15.00 N~w Construction: LOcation of Property: House No. Street .Owner or Owners of prepay: ~ ~"t'~. ~ /4~Ii20~/~A~ Suffolk County Tax Map No 1,000, Section ~'~ Subdivision Oid or Pre-existing Building: , Permit No. 3 qt P_B ~ :Z Date of Permit. Date. (check one) $ou, T~O~D Block Lot Fried Map.' 'Lot: Applicant: Health Dept. Approxtal: Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ ~ t;'O0 12zc / 31L Finai Certificate: (check one) /{pp~can~ign~e 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. 34423 Z Date FEBRUARY 6, 2009 Permission is hereby granted to: COSTAS & HAROULA TERZIS 765 DOGWOOD LA SOUTHOLD,NY 11971 for : AS BUILT REAR DECK ON EXISTING SFD PER ZBA#6212 AS APPLIED FOR at premises located at 765 County Tax Map No. 473889 Section 054 pursuant to application dated FEBRUARY DOGWOOD LA SOUTHOLD Block 0005 Lot No. 032 5, 2009 and approved by the AUGUST 6, 2010. ~ Building Inspect°r t° expire °n ~i a~/~~Fee $ 400 . 00 /gn Rev. 5/8/02 ORIGINAL ~ w APPEAL _Ax S.BOARD MEMBERS ,<.~ Gerv, rd P. Goehringer, Chairman "~X"~}0xN Ruth D. Oliva (~ James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) ' Southold, NY 11971 http://southoldtown.nor thfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TeL ,631) 765-1809 · Fax (631) 765-9064 FI~INO8, OgLIBg~TIO~8, gD D~T~RMINA~~ M~gTINQ H~LD NO~MBgR la, g008 ZBA # 6212 - COSTAS TERZIS, APPLICANT PROPERTY LOCATION: 765 Dogwood Lane, Southold CTM 54-5-32 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 has been referred as required under the Suffolk County Administrative Code Sections A 14'14 to 23, and the Suffolk County Department of Planning reply dated September 22, 2008 states that the application m considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 6,806 square foot parcel, measuring 100 feet wide along Dogwood Lane and 67.96 feet in depth along the south lot line. The property is improved with a two-stow stucco house and frame deck, as shown on the April 30, 2008 survey prepared by John C. Ehlers, Land Surveyor. BASIS OF APPLICATION: This request for Variances under Section 280-14 is based on the Building Inspector's July 18, 2008 Notice of Disapproval concerning a request to amend an existing building permit #32244-z for additions and alterations to the dwelling, The reason stated by the Building Inspector for disapproving the applicant's request is that the as-built construction constitutes a third stow, and the Zoning Code limits construction to 2-1/2 stories in height. Page 2 - November 13, 2008 ZBA # 6212 - Costas Terzis CTM 1000-54~5-32 FINDINGS OF FACT The,.,g~xing Board of Appeals held a public hearing on this application on October 30, 20~,~a~t ~hich 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 applicant states he wishes to obtain a Certificate of Occupancy, for which a building permit had expired, and construction has been completed for a few years. The floor area which is the subject of the variance is the attic space shown on the building plans for use as storage and occasional recreational use, but without sleeping, heating utility or plumbing. Also requested are the rear yard setbacks as exist for the existing upper balcony near the attic, and lower deck (open to the sky). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Reversal of the Building Inspector's determination regarding non-habitable use of third story room, and Grant of the existing open deck with non-conforming rear yard setback will not produce an undesirable change in the character of the neighborhood or zoning district because: a. After review and ~nspection, the third floor attic was found only to be sheetrocked and painted, without the utility of heat, is with limited electrical outlets, the ceiling height is less than seven (7) feet. The Board finds this does riot constitute habitable third story space. This 267.34 square foot attic is storage area which leads to a very small balcony offthe rear of the dwelling. b. An existing deck was built by the prior owner (circa 1978), 30 years ago, and acknowledged that it has existed without incident since then, except that the applicant is required Co apply for a Building Permit and Certificate of Occupancy before it is occupied. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some other method for the applicant to pursue because: a. The applicants have demonstrated that the attic is not used as a third story. Page 3 - November 13, 2008 ZBA # 6212 - Costas Terzis CTM 1000-$4-$-32 b. As for the first-floor open deck, the limited rear yard is a permitted location for this addition. The Board will grant the setback variance with the condition of applying for the necessary permit for its existence, and Certificate of Occupancy before it is occuPied and used. 3. Town Law §267-b(3)(b)(3). The amount of relief granted is not substantial compared to the overall size and square footage of the home. As for the as-built deck, the amount of relief requested is substantial representing a 50% variance from the code required 35 feet~ The increase in lot coverage is not substantial representing an increase of 5%. Open deck construction is common to many of the ho6mes in the immediate neighborhood. 4. Town Law §267-b(3)(b)(5)~ The difficulty is not self'created. The area of the third story was spelled out in the applicant's certified construction plan when a permit was obtained, and labeled as an attic for use as storage and with a reduced ceiling height. This building area is not a third story, and the ceiling height does not meet the building code, and is nearly 7 inches below the requirement for legal third story livable space. The difficulty with regard to the deck is not self-created as it has existed for 30 years (built during 1978). 5. Town Law §267-b(3)(b)(4). Based upon the record, the Board finds no evidence has been submitted to suggest that grant of the relief herein will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the existing construction, 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 Chairman Goehringer, and duly carried, to INTERPRET, with regard to the attic, and based on the evidence gathered at the public hearing and documents submitted, with REVERSAL of the January 18, 2008, renewed July 18, 2008 determination of the Building Inspector, subject to the following Condition: Page 4 - November 13, 2008 ZBA # 6212 - Costas Terzis CTM 1000-$4-5-32 That the third story as exists may be used for attic space, without sleeping or habitable space, provided there be no plumbing or heat utilities added, or additional electrical outlets, and ~.h~e be instslls~inn of a sprinkler system at the. top of the stairs leading to this room snd balcony; and to GRANT the area variances with regard to the rear yard setback and increased lot coverage of the as-built construction, as shown on the April 30, 2008 survey prepared by John C. Ehlers, with the following Condition: Applicants must apply for a Building Permit snd obtain Certificate of Occupancy for the as-built open deck addition on the rear of the dwelling 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. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehriaee~- ~hairman), Oliva, Simon and D inizio. Absent was Me~~ an.~~s~uly adopted (4-0). G~P. GOEHRIN~ER, CHAIR~///z~2008 r~oved for Filing TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION r r' ,. [ ] FRAMING / STRAPPING [~NAL /~J~ ~ [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION DATE INSPECTOR~ TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING / STRAPPING [ ~I~'I~NAL [ ] FIREPLACE & CHIMNEY [ [ ] FIRE RESISTANT CONSTRUCTION [ REMARKS: ~,-~ ] FIRE SAFETY INSPECTION ] FIRE RESISTANT PENETRATION DATE INSPECTOR TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION FOUNDATION 1ST FOUNDATION 2ND FRAMING / STRAPPII~IG FIREPLACE & CHIMNI-'Y FIRE RESISTANT CONSTRLICTION ROUGH PILBG. [ ] FIRE SAFE;~ INSPECTION [ ] FIRE RESIST~t ~ PENETRATION FIELD INSPECTION REPORT I DATE I COMMENTS FOUNDATION (1ST) FOUNDATION (2ND) ROUGH FRAMING & PLUMBING INSULATION PER N. Y. STATE ENERGY CODE TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631)765-9502 SoutholdTown.NorthFork.net Examined ,20.__ Approved ,20 Disapproved a/c PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST DO yon have or ne~d the following, before applying? Board of Health Bets of Building Plans Planning Board approval (2urvey heck~//~t~, 0 0 Septic Form N.Y.S.D.E.C. Trustees ~Permit 'Water Assessment Form Contact: ~07 Mail to: Expiration _, 20 ~-) ~_~.-~ Building Inspector BLDG. DEPT. IOWH 0[ SOUTHOLD ] ~STRUCTIO~S / a. ~s application MUST be completely filled ~ by ~ewdter or ~ i~ ~d submitted to the Build~g hspector with 4 sets ofpl~, acetate plot p]~ to scale. Fee according to schedule. b. Plot pl~ showing location of lot ~d of buildings on premises, relations~p to adjo~g pre~ses or public s~eets or areas, ~d wate~ays. c. ~e work covered by this application may not be commenced befo~ issu~ce of Buil~ng Pe~t. d. Upon approval of ~s applica~on, ~e Building hspector will issue a Building Pemit to ~e applic~t. Such a pemit shall be kept on the pre~ses available for inspectio~ ~ou~out the work. e. Ho buil~ng shah be occupied or used in whole or ~ p~ for ~y p~ose what so ever until the Bui](mg hspector issues a Ce~ificate of Occup~cy. f. Ev~ building pemt shall expi~ if thc work au~ohzed has not comenced wi~n ] 2 months a~er ~e date of issu~ce or has not ~cn completed wi~n ] 8 monks ~om such ~te. If no zo~ng men~ents or other re~lations affecting the prope~ have been enacted in the int~m, ~e Bui]d~g hspector may autho~ze, ~ whting, the ext~sion of~e pemt for an addition six months. ~, a new p~it sh~] be mquked. ~PLICATION I8 ~BY ~ to the Buil~g Dep~ment for ~e issu~ce of a Building Pe~t pursuit to the Bui]~ng ~ne Ord~ce of~e Town of Southold, Suffolk Co~ty, New York, ~d other applicable Laws, Or~n~ces or Re~lations, for the coutmction of buildings, ad~o~, or alte~tiens or for removal or demolition as he~in desc~bed. The applic~t a~es to comply with ail applicable laws, o~in~ces, buil~ng code, housing code, ~d m~lations, ~d to admit autho~zed ~spectors on p~ses ~d ~ b~l~mg for necess~ inspections. (M~l~ad~es~ ofa~lic~t) ' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises C~6~'OS ~r' ]'f,~P~OV/~,~ '2r~2--I.~- (As on the tax roll or latest deed) If applicant is a corporatiofi~ signature of duly authorized officer (Name and title of corporate officer) Builders LicenseNo. Plumbers LicenseNo. Electricians LicenseNo. OthorTrade'sLicenseNo. 1. Location of land on which proposed work Will be done: House Number Street county Tax Map No. 1000 Section Subdivision Hamlet Block ~' Lot Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and ocEupancy of proposed constmc}ion: a. :Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front,~ : , ..'. .' .~. .. Rea-fl Depth. Height. ~umber of, Stones 8. Dimensions of entire new construction: Front Height Number of Stories Rear " Depth 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES __ NO__ 14. Names of Owner of Premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland7 * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. ' NO 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: 18. Are there any covenants and restrictions with respect to this property?. * YES__ · IF YES, PROVIDE A COPY. : NO STATE OF NEW YORK) SS: 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 f'fle this application; that all statements contained in this application are hue to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application fred therewith. Sworn to before me this___ 2r~d day of f~/~rcm0tr-./ 20 O ~ Not~ ~blic -- -~5~gfiature~f At~plicant June 8, 2009 Town of Southold Building Department Town Hall Southold New York Re: 765 Dogwood Lane, Southold. ( As built deck) As per Inspector's request this is to Certify that the Deck footings are adequate to sustain the deck loads and the depth of the footings is at 36 inches below grade. c~~SincerTly '" ~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 18, 2008 RENEWED: July 18, 2008 AMENDED: October 8, 2008 TO: Harvey Amoff (Terzis) 206 Roanoke Avenue Riverhead, NY 11901-2794 Please take notice that your amendment, dated January 7, 2008 To make amended existing open/expired building permit #32244Z for additions and alterations to an existing single family dwelling at Location of property: 765 Dogwood Lane, Southold, NY County Tax Map No. 1000 - Section 54 Block5 Lot 32 Is returned herewith and disapproved on the following grounds: The as built construction is not permitted pursuant to Article III, Section 280-14, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full." According to Bulk Schedule, such construction is limited to 2 ½ stories in height. The as built construction constitutes a third story. /~' In addition~ it has come to the attention of the building department that a deck addition was / added to the sfructure without the benefit of a building pernut. The "as built" deck add~t,on on ~~ this non-conforming 6,806 square foot parcel, is not Permitted pursuant to Article XXIII Section ~. 200-124, which states that non-conforming Iots~ measuring less than 20,000 square feet in total j} xsize~e~imum rear yard setback of 35 feet, and a maximum lot coverage of 20 perc~egtj The "as built" deck is located 16.3 feet from the rear property, line and total lot coverage is +/- 21 percent. This Notice of Disapproval was amended on October 8, 2008, based p~a ;urvey,~ to the Zoning Board of Appeals on August 26~ 2008, by John C. Ehlers~flA~S. ,,_ J J // . CC: file, Z.B.A. / Note to Applicant: Any change or deviation to the above referenced application may require further review by the Sonthold Town Building Department. SURVEY OF PROPERTY' 51TUATE.- 50UTHOLD TOHN.. 50UTHOLD SUFFOLK C, OUNT'r', N'f' .eURVEYED, 5Ut=FOLK CO~JN'I¥ TAX # IOOO - 54 - .5 - 32 COSTAS 'i'.{~,l~g3r.q & N 'W+ E S FEB 2 2009 · HONUH~NT POUN~ AREA = 6B~:26 5.F. OR O.15~2 ACRE ®RAPHIC, SCALE 1"--.20' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Compaqserver~c~ros\08\08-148.pro PROPERTY LINE / , '~ _,~ c~: c~ L~. ~ ~ , ~ ,? -, LL: C,,' , ' 18'-8" DOUBLE 2x6 ~ ,, ,, dn ~3x7/8 ~ ' EXISTING / i WOOD DECK ' i ~D. ~IU~G ~ ~ ~ POST BELOW ON EXIS~G R~R CONC. FOOTING WALL (~P.) i 5R 2x6 ~. FASTENED TE~iS ~.~ ~CH~E~S ~o~ ,~ ~m~oo~ ~t, ~-~ ~T 8~R~ ~., ~ mot - FE13 2 2009 BLDG. DEPT. TOWN OF SODTNOLD