HomeMy WebLinkAbout35990-ZFORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
NO: Z-34648
Date: 11/10/10
THIS c~KTIFIES that the building SHED & ARBOR
Location of Property: 1075 W CEDAR POINT DR SOUTHOLD
(HOUSE NO.) (STREET) (HAMLET)
County Tax Map NO. 473889 Section 90 Block 1 Lot 4
Subdivision Filed Map NO. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated NOVEMBER 1, 2010 purs~t to which
Building Permit No. 35990-Z dated NOVEMBER 1, 2010
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 ACCESSORY SHED AND ARBOR AS APPLIED FOR PER ZBA #6408, DATED 10/21/10.
The certificate is issued to BONNIE M QUIWN
of the aforesaid building.
(OWNER)
S~FO~ ~)[~rY DEP~/~T~4~r OF }~%LT~ ~PRO~L~L
RLRt-£KICJtL C~I{TIFIC3%~ NO.
PL~ C]~RTIFIC3%TION DA'£~u
N/A
Rev. 1/81
'~~/o/z ed~gnat ure
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. 35990 Z
Date NOVEMBER 1, 2010
Permission is hereby granted to:
BONNIE M QUINN
6 CIDER MILL LANE
HUNTINGTON,NY 11743
for :
ACCESSORY SHED & ARBOR PER ZBA DECISION #6408 & TRUSTEES AS
APPLIED FOR
at premises located at
County Tax Map No. 473889 Section 090
pursuant to application dated NOVEMBER
Building Inspector to expire on MAY
1075 W CEDAR POINT DR SOUTHOLD
Block 0001 Lot NO. 004
1, 2010 and approved by the
1, 2012.
Fee $ 200.00
Authorized Signature
ORIGINAL
Rev. 5/8/02
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 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
topographic tbaturcs.
2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead.
5. Commemial 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:
1. Accurate storey 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. Ifa Certificate of Occupancy is
denied, the Building Inspector shall state the reasons therefor in writing to the applicant.
C. Fees
1. Certificate of Occupancy - New dwelling $50.00, Additions to dwelling $50.00, Alterations to dwelling $50-00,
Swimming pool $50.00, Accessory building $50.00, Additions to accessory building $50.00, Businesses $50.00.
2. Certificate ofOccupancy 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
House No.
New Construction:
Location of Property:
Owner or Owners of Property:
Suffolk County Tax Map No 1000, Section '~'ff
Date. ///e/r
Old or Pre-existing Building: J(check one)
Street Hamlet
Block ~ ( Lot
j~ '~'-a' d- X-~' ~.~ -~Z- tZ-~ Filed Map. ~ Lot:
Date of Pemit. Applicant: /~ O/~/~/
Unde~dte~ Approval:
Subdivision ~'~/~-'~ ~
Permit No. ~ 5--5~' ~ C
Health Dept. Approval:
Planning Board Approval:
Request for: Temporary Certificate
Fee Submitted: $
Final Certificate: ~/'/(check one)
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown. NorthFork.net
Examined
Approved
Disapproved a/c
[/~ ,201 O
q//, 20 /0
Expiration
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
.× '/ , / ' NiN'Y'S'D'E'C'
/ if/y/fo . ,~ ~-ustees
/ /' f . //,._ ~ FlOod Pe~
/ -- W'Off~ ~, . t S~orm-WaterissessmentForm
;
-- U / Ma. ,o:
//~B ~ldi~g lr~pector
Phone:
APPLICATION FOR BUILDING PERMIT
Date
INSTRUCTIONS
,20 /,9
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 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 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 of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the constraction 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.
- ,-QSignature of applicant or name, if a corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises ,,/~b~"."v/c" [ t'z ~' ~///'W ,(ff-
(As on the tax roll or latest deed)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
1. Location of land on which proposed work will be done:
House Number Street
County Tax Map No. 1000 Section
Subdivision
Hamlet
Block ,:~ /
Filed Map No. ~
Lot
Lot
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ~/~o C~ z- ~e:=.~, -'~ ~/' ./;:~'~ ~c ,-~t ~
b. Intended use and occupancy
Nature of work (check which applicable): New Building.
Repair Removal Demolition
Estimated Cost
If dwelling, number of dwelling units
If garage, number of cars
Addition Alteration
Other Work ~,~,¢z7-,
(Description)*r',~,e-'~
Fee
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, spec,~y nature and extent of each type of use.
7. Dimensions ofexisting structures, ifany: Front /~Se' p~r ~.* ' Rear Fa'" ¢/'g' ' Depth
Height /'~ ' ¢/ 7' ~ Number of Stories ~ ~ ~--
Dimensions of same structure with alterations or additions: Front ~-~-/n ~_
Depth fl ~'~ ~ Height ~;¢ ~/~- Number of Stories
Rear
9. Size of lot: Front
10. Date of Purchase
Dimensions of entire new construction: Front
Height Number of Stories
Rear Depth
Name of Former Owner /rff/L £
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 L,/'Will excess fill be removed from premises? YES NO /0//4
14. Names of Owner of premises /'3%',6'4//~z ~--r',,z~,,oAddress /¢'o,,/'Frw/?/~.,~ Shone No.
Name of Architect 'cfi ?-,~ ,¢ ,-v'~- Address _5'~-~ 77/.¢'/c_,¢, Phone No
Name of Contractor ' ,,t2//~ 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. PERMI~T~/I(4AY BE REQUIRED.
b. Is this property within 300 feet ora tidal wetland? * YES v' NO
* IF YES, D.E.C. 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.
18. Are there any covenants and restrictions with respect to this property? * YES NO
· IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
SS:
COUNTY OF )
~--~/~ ,"t.,~ ~'f- /~ -~-'"?'~'~/4"~L being duly sworn, deposes and says that (s)he is the applicant
(Name of tndlwdual szgmng contract) above named,
(S)He is the /~ ¢, ,.., ~7//~ ~,~q7 z ~--~/--
(Contra/ctor, 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 tree 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 betbre me this
day of 20
Notary Public
Signature of Applicant
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
L lo~'~'I~l oF SOUIHOLDMI
ZBA FILE: 6408
NAME OF APPLICANT: Bonnie M. Quinn
http:Hsoutholdtown.north fork.net
lING BOARD OF APPEALS
tOWN OF SOUTItOLD
i31) 765-1809 ° Fax (631) 765-9064
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Ahnex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
~ELIBERATIONS AND DETERMINATION
gTING OF SEPTEMBER 15, 2010
PROPERTY LOCATION: 1075 Cedar Point Dr., West (adj. to west Lake) Southold, SCTM# 1000-90-1-4.
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 July 13, 2010 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: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The
LWRP Coordinator issued his reply dated August 18, 2010, based upon the information provided on the LWRP
Consistency Assessment Form submitted to this department, as well as the records available to us, it is our
recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is
CONSISTENT with the LWRP provided that the further recommendation is implemented; a landscaped buffer be
required landward from the rip-rap, existing vegetation should be included.
PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 11,526 sq. fi. lot improved with a
two story single family dwelling with accessory shed and arbor. It has 90 feet on Cedar Point Drive West, 186.71
feet along the eastern property line, 142.18 feet along West Lake and 83.96 feet along the western property line as
shown on the survey dated May 20, 2010 prepared by Peconic Surveyors, PC.
BASIS OF APPLICATION: Request for variance from Code Section 280-116(B) and 280-15, based on an
application for building permit and the Building Inspector's June 14, 2010 Notice of Disapproval concerning "as
built" alterations/additions and accessory structures at: 1) less than the code required setback from a bulkhead of 75
feet; 2) accessory structures located in side yard when the rear yard location is code required.
RELIEF REQUESTED: The applicant proposes to maintain 1) an as-built second story 96+/- square foot deck
having a 27 foot setback from a bulkhead, 2) an as-built 16 +/- square foot arbor containing a child's swing set
having an 18 foot setback from a bulkhead and located in a side yard, 3) an as-built 126 +/- square foot frame shed
having a 39 foot setback from a bulkhead and located in a side yard and 4) an as-built outdoor shower/utility room
having a 34 foot setback from a bulkhead.
Page 2 - Scptcraber 15, 2010
ZBA Fi1¢#6408 - Quinn
CTM: 1000-90-1-4
ADDITIONAL INFORMATION: A previous owner of this parcel was granted a variance, under Appeal #2887
dated September 15, 1981, to construct a one-family dwelling with an insufficient rear yard setback at the
dwellings (first story deck) nearest point to the ordinary high water mark of 23 feet. The second story deck is set 27
feet away from the mean high water mark. The Board received a copy of a Certificate of Compliance dated June
18, 2010 from the Town Trustees covering all the "as built" additions and accessory structures.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 26, 2010, 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 and
makes the following findings:
1. Town Law §267-b(3)(b)(1). Granting of the requested variances will not produce an undesirable change in
the character of the neighborhood or a detriment to nearby properties. The as-built structures were installed by a
previous owner and have been in place for a number of years without the detriment to nearby properties and they
are similar to what exists within this neighborhood.
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 structures that are the subject of this appeal were
constructed by a previous owner, who did not apply for permits or variances for their locations, which now requires
the applicant to pursue variances for the subject structures.
3. Town Law §267-b(3)(b)(3). The variances granted herein are not substantial. The second story deck setback
from the mean high water is 27 feet which is further than the existing first story deck setback of 23 feet, which
received a variance under appeal #2887. The setbacks to the other subject structures and their location in a side
yard are not substantial when taken in context to what exists in the neighborhood.
4. 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.
5. Town Law §267-b(3)(b)(5). The difficulties have been self-created, only in so far as the applicant purchased
the dwelling with the non-conforming accessory structures already in place, which were built by the previous
owner without variances and building permits.
6. Town Law §267-b. Granting of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of existing additions and accessory structures, 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 Schneider, seconded by Member Goehringer, and
duly carried, to
GRANT the variance as applied for, and shown on the Survey of Lot # 136, SCTM # 1000-90-01-04, last revision
dated May 20, 2010 prepared by John T. Metzger, L.S., (Peconie Surveyors).
Conditions: A Five foot wide landscaped buffer of drought tolerant native plants and grasses shall be established
landward of the riprap which shall include existing vegetation.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or 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.
Page 3 - September 15, 2010
ZBA Fileg6408 - Quinn
CTM: 1000-90-14
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 minimis in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider.
(By Phone was: Member Horning, no voting righO This Resolution was duly adopted (4-0).
N
R=27. gJ'
L=40. 78'
SURVEY OF PROPERTY
A T BA YVIEW'
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-90-01-04
SCALE: 1'=20'
SEPTEMBER 22, 2009
OCT. 23, 2009 (REVISIONS)
May 20, 2010 (oddilions)
FLOOD ZONE AE (el, 8)
FIRM $6103C0167 G 5104/98
CERTIFIED TO:
BONNIE OUINN
BANK OF AMERICA
FIRST AMERICAN TITLE INSURANCE COMPANY
LOT NUMBERS REFER TO "SUBDIVISION MAP CEDAR
BEACH PARK" FILED IN THE SUFFOLK COUNTY CLERK'S
OFFICE ON DECEMBER 20, 1927 AS FILE NO. 90.
TO ~E LINES
NO
49618
/~EC
ANY ALIkNABON OR ADDIHON TO ~IS SUR~Y (S A ~OLAHON
EX.PT AS PER ~C~ON 7209--~BDI~ON 2, A~ ~R~CA~S P 0 ~' B~ ~L-, ~,~': / j ,
HEREON ARE VAUO FOR ~IS MAP AND COP/ES ~E~ ~L Y IF
~0~ SI~A ~RE APP~RS HEREON. , SOU ~~~
R=2zg$'
L=40.78'
SURVEY OF PROPERTY
A T BA YVIE~Y
TO~FN OF SOUTHOLD
SUFFOLK COUNTY, N. K
1000-90-01-04
SCALE: 1 ~£0'
SEPTEMBER 22, 2009
OCT. Z.~ 2009 (REVISIONS)
Moy ZO~ 2010 (oddilions)
DRIVEWAY
NAL MAP
REVIEWED BY ZBA
SEE DEC~ISION # ~_____
DATED ~ I, ~ [, [~
,
RAMP
FLOOD ZONE AE (el.
FIRM $6/03C0167 S 5/04/98
CER riFlED TO:
BONNIE QUINN
BANK OF AMERICA
FIRST AMERICAN 71TLE INSURANCE COMPANY
LOT NUMBERS REFER TO "SUBDIVISION MAP CEDAR
BEACH PARK" FILED IN THE SUFFOLK COUNTY CLERK'S
OFFICE ON DECEMBER 20, 1927 AS FILE NO. 90.
AREA=ti 526 SO. FT' '= ELEVAllONS REFERENCED~
TO '!:I~ LINES ' ~. .
ANY AL TERA IlON OR ADDITION TO THIS SURVEY IS A VIOLA~70N '
OF SECDON 72090F THE NEY/ YORK STATE EDUCA?70N LAW. (631~ T~5-~ (~ 765-1797
EXCEPT AS PER SEC?ZON 7209-SUBDIWSION 2. ALL CERTIFTCA ~7ONS
HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHO~ SIGNA lURE APPEARS HEREON SOU