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HomeMy WebLinkAbout34976-ZFORM NO. 4 TOW/~ OF SOUTHOLD BUILDING DEPD~RTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34001 ~te: 10/09/09 · ~{IS CI~RTIFIES t~u~t the building DECK ADDITION Location of Property: 1580 LEETON DR SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 58 Block 2 Lot 5 Sulxlivision Filed Map No. LOt No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 21, 2009 purs%~nt to which Building Permit No. 34976-Z dated SEPTEMBER 2, 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 DECK ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR PER ZBA #6218 DATED 12/18/08. q~ne certificate is issued to SUS~uN GEITZ of the aforesaid building. ( OWNER ) S~FOLK COU1FI~/ DEPART[~gNT OF t{EAL~t API~ItO%rAL gI~gt-r~IC3[5 ~aTIFIC3~TE NO. PLIERS CERTIFICATION DA'i'~v N/A N/A Rev. 1/81 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY ~ ~ This application must be filled in by typewriter or ink and submitted to the Building Department ~ 1. Final survey of property with aCCurate location of all buildings, property lines, streets, and I n~ural topographic features. 2. Final Approval from Health Dept. of water anpply and sewerage-disposal (S-9 form). 3. Approval o f electrical instailation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2~1~ o[ 1% t~ad. la 5. Commercial building, industrial building, multiple residences and similar buildings and mst~latidaa,-a-~eei~5~ of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of comPleted site plan requirements. 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. New Construction: Location of Property: C. Fees 1. Certificate of Occupancy - New dweiliug $25.00, Additions to dwelling $25.00, Alterations to dweliing $25.00, Swimming pool $25,00, ACCessory building $25.00, Additions to accessory building $25.00, Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date. L/// Old or Pre-existing Building: (check one) House No. Street Hamlet Owner or Owners of Property: 5 Cs..,~ OoV~ ~O ~__ ,'-J~ 7_. Suffolk County Tax Map No 1000, Section O ~' ~9 Block O Subdivision Permit No. .~ ~ q"") ~ 7--Date of Permit. Health Dept. Approval: Filed Map. ~ 3C'~--OA~plicant: 0 Underwriters Approval: Lot Lot: Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ Final Certificate: (check one) Applicant Signat~'re ~ 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. 34976 Z Date SEPTEMBER 2, 2009 Permission is hereby granted to: SUSAN GEITZ 20 DOGWOOD DRIVE SCARSDALE,NY 10583 for : DECK ADDITION TO AN EXISTING DWELLING PER ZBA DECISION #6218 & TRUSTEES AS APPLIED FOR at premises located at SOUTHOLD County Tax Map No. 473889 Section 058 Block 0002 Lot No. 005 pursuant to application dated AUGUST 21, 2009 and approved by the Building Inspector to expire on MARCH 2, 2011. 1580 LEETON DR Fee $ 200.00 Authorl'zed Signature ORIGINAL Rev. 5/8/02 TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ]FOUNDATION 1ST [ ] ROUGH PLBG. [ ]FOUNDATION 2ND [ ] INSULATION [ ]FRAMING / STRAPPING ~FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION REMARKS: DATE ~---/}- O~ INSPECTOR '~'-' ~~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 # 0387C Date December 3, 2008 THIS CERTIFIES that the raising of the existing dwelling 5', construction of a cellar, removal/replacement of decking and' removal of shed At 1580 Leeton Dr., Southold Suffolk County Tax Map #58-2-5 Conforms to the application for a Trustees Permit heretofore riled in this office Dated 8/31/06 pursuant to which Trustees Wetland Permit 6460 Dated 9/20/06 and Amended on 11/19/08 was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the raising &the existing dwelling 5', construction ora cellar, removal/replacement of decking and removal of the shed. The certificate is issued to CHARLES GEITZ owner of the aforesaid property. Authorized Signature James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghesio, Jr. Tqwn Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 F~x (631) 765~6641 November 19, 2008 Mr. Charles Geitz 20 Dogwood Dr. Scarsdale, NY 10583 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: 1580 LEETON DR., SOUTHOLD SCTM#58-2-5 Dear Mr. Geitz: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., November 19, 2008: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit #6460 to remove the requirement of drywells and gutters on the existing dwelling, and contain the run-off in accordance with Chapter 236-Stormwater Management of the Town Code. This is not a determination from any other agency. Sincerely, Jame .~King, Preside~ Board of Trustees JFK:lms APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman 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.northfork.net ZONING BOARD OF APPEALS TOWN oF SOtmIOLO MEETING DATE: DECEMBER 18, 200}l~-~2Qge- n~- ZBA # 6218 - CHARLES and SUSAN GEITZ, Applicants PROPERTY LOCATION: 1580 Leeton Drive, Southold CTM Parcel # 1000-58-2-5 SEQR.4 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 September 22, 2008 stating that this application is 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 12,434 sq. ft. lot in the R-40 District measuring 75' wide on Leeton Drive, 75.01' wide along Long Island Sound, and 165.35' deep on the easterly property boundary and 166.23' deep on the westerly property boundary. BASIS OF APPLICATION: Request for a Variance under Section 280- 116A(2), based on the Building Inspector's June 10, 2008 Notice of Disapproval concerning an as-built deck as reconstructed with a setback at less than 100 feet from the ordinary high-water mark of the Long Island Sound. LWRP DETERMINATION: A Letter confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Page 2 - December 18, 2008 ZBA # 6218 - Charles and Susan Geitz CTM 58-2-5 Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards dated October 2, 2008. The applicant obtained a Wetland Permit (# 6460 dated September 20, 2006) from the Board of $outhold Town Trustees to raise his existing dwelling on piles to conform to FEMA standards in the same location and remove the existing decking, which was old and in disrepair, and replace it in place and in kind after the house was raised, with the condition that drywells and gutters be installed to contain roof run-off. The renovated house and deck are landward of the coastal erosion hazard line, according to a survey by John C. Ehlers, LLS dated 06-24-2008. The Board of Appeals believes that these measures mitigate the inconsistencies with the LWRP standards. RELIEF REQUESTERS: The applicant proposes to legalize an attached ~ as built reconstructed elevated deck measuring approximately 59.9' x 16.3' with steps and an elevated walkway on the easterly side of the house at a 35' setback form the ordinary high water mark of Long Island Sound. ADDITIONAL INFORMATION: The applicant stated at the public hearing on December 4, 2008 that he had not included the deck on the plans he submitted to the Building Department to obtain a building permit and therefore had not received a Notice of Disapproval for the proposed new replacement deck. Moreover, he did not know that he needed a setback variance from the Board of Appeals for the replacement since the Trustees had granted him permission to rebuild it at the elevated height required by FEMA. 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). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The current elevated as-built deck replaces a deck that had been existing on the subject property in the same location for about 40 years. 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 because the existing house is set back approximately 46 feet at the closest point from the ordinary Page 3 - December 18, 2008 ZBA # 6218 - Charles and Susan Geitz CTM 58-2-5 high water mark. Therefore, any deck on the seaward side would require a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial and represents a 65% variance from the code required minimum of 100' setback from the ordinary high-water mark of the Long Island Sound 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created but is the result of the non-conforming set back of the house from the ordinary high water mark. 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. The house has been elevated to conform to FEMA regulations and gutters and leaders and drywells are instilled on the property to control roof run-off. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a seaward elevated deck, 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 Weisman, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, and shown on the elevation diagram prepared 7-21-08 by Eileen Santora Drawing #335, and shown on the 06-24-2008 survey prepared by John C. Ehlers, LLS subiect to the following condition: 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 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 Page 4 - December 18, 2008 ZBA # 6218 - Charles and Susan Geitz CTM 58-2-5 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 Oliva Dinizio, and Weisman. Nay.;~M~b-gr duly adopted (4-1). ~ ~ A~pp~rd P. Goehrin~er, oved for Filing Chairwoman), Goehringer, ~ T~is Resolution was BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 646O ISSUED TO: CHARLES GEITZ PROPERTY ADDRESS: 1580 LEETON DR, SOUTHOLD SCTM#58-2-5 DATE: Seotember 20, 2006 AUTHORIZATION Pursuant to the provisions of Chapter 275 and~or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 20, 2006, and in consideration of application fee in the surn of $250.00 paid b~' Charles Geitz, and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustee and pen'nits the following: Wetland Permit to raise the existing dwelling and construct a cellar, raising the house 5; decking to be removed and replaced after house is raised; and remove the existing shed, with the condition drywells and gutters are installed to contain the roof run-off and a line of staked hay bales is installed prior to any activity, and as depicted on the plan prepared by Joseph Fischetti, Jr. dated January 3, 2006. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seat to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. N JOHN C. EHLERS LAND SURVEYOR FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 10, 2008 TO: Charles and Susan Geitz 1580 Leeton Drive Southold, NY 11971 Please take notice that your amendment dated April 22, 2008 For permit for an as built deck reconstruction at Location of property: 1580 Leeton Drive, Southold, NY County Tax Map No. 1000 - Section 58 Block_2 Lot5 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 12,434 square foot lot in the R-40 District is not permitted pursuant to Article XXII Section 280-116 A (2), which states; "Except as otherwise provided in Subsection A(1) hereof, all buildings or structures located on lots adjacent to sounds shall be set back not less than 100 feet from the ordinary high-water mark or said sound." The as built deck is noted as being +/- 35 feet from the ordinary high water mark. r~sapprova~vas written based on a survey by John C. Ehlers, LS, dated 12/10/3. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ALL CONSTRUCTION SHALL MEET THE REQU]REI,dE[tT S OF THE OOBES OF NEW YOr.x o lAT . 765-1802 6AM TO 4PM FORTHS FOLLOWING It~C'~ECTrONS: 1. FOdNDATIOH - "f.?r? RSOUIRED FOF, POURED CONO, REIE 2. ROUGH - FRAMING PLUMBING 8. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C,O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. (j DATE DRAWN BY ~ RE¥1$ED