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HomeMy WebLinkAbout36522-ZTown of Southold Annex 54375 Main Road Southold, New York 11971 CERTIFICATE OF OCCUPANCY No: 35056 Date: 7/12/2011 7/12/2011 THIS CERTIFIES that the building DECK Location of Property: SCTM #: 473889 Subdivision: 55 Inlet Ln, Grcenport, Sec/Block/Lot: 43.-4-38 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 6/17/2011 pursuant to which Building Permit No. 36522 dated 6/29/2011 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 per ZBA #6346, dated 2/18/10. The certificate is issued to McElroy, Bryant & McElroy, Mercy (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Authoq~ed Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 36522 Date: 6129/2011 Permission is hereby granted to: McEIroy, Bryant & McEIr0)~, Mercy 18 Winkle Point Dr Eatons Neck, NY 11768 To: an "As built" Deck addition per ZBA decision #6346 as applied for At premises located at: 55 Inlet Ln, Greenport SCTM # 473889 Sec/Block/Lot # 43.-4-38 Pursuant to application dated To expire on 1212812012. Fees: 6/17/2811 and approved by the Building Inspector. SINGLE FAMILY DWELLING - ADDITION OR ALTERATION $630.40 CO - ADDITION TO DWELLiNG $50.00 Total: $680.40 Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ^pproved ,20(( Disapproved a/c ' Expiration B~DO. DEPf. fOW~ OF SOL:HOd) PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval SurveX Cheek Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector 2ATION FOR BUILDING PERMIT Date 6/16/11 20__ INSTRUCTIONS 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 promises, 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 appmvai 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 Build'rog 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 ora 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 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,~ re,[~tions, and to admit anthorized inspectors on premises and in building for necessary inspections. ,~~ PROPER-T ~ SERVICES ~-/~ ~ )////f~ .._ . .......... /(Signatur~plie4Lal~r name, jif a eq/poratio.) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent Nameofownerofpremises Bryant and ~4ercy McElroy (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (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: 55 Inlet Lane, Greenport, NY 11944 House Number Street County Tax MapNo. 1000 Section Subdivision 43 Hamlet Block 4 Filed Map No. Lot Lot 38 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy SFD b. Intended use and occupancy SFD 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost $2500 Fee 5. If dwelling, number of dwelling units one If garage, number of cars N/A Addition .Other Work Alteration As-built deck (Description) (To be paid on filing this avplication) Number of dwelling units on each floor NTA 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front 25 ' ~ Rear Height. 13' ± Number of Stories one 25'*-- _Depth 35'± Dimensions of same structure with alterations or additions: Front Depth. Height Number of Stories Rear 8. Dimensions of entire new construction: Front 12 ' '- Rear Height N/A Number of Stories N/A 12 ' +- Depth 24 ' t 9. Size of lot: Front 80 '_¢ Rear 68 '+~ .Depth 179' var~ 10. Date of Purchase 6/10 / 0 ,9 Name of Former Owner Singer 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO 13. Will lot be re-graded? YES__ NO X Will excess fill be removed from premises? YES __ Bryar~[McElroy,.18 Winkle Point Drive, Northport, NY 11768 14. Names ur owner o~ premmes AadreSS Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 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 __ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. X 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 X STATE OF NEW YORK) SS: COUNTY OF ) James E. Fitzgerald, Jr. being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the agent (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 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 before me thi~ /'~'~7~ OL!; ! I '.J: :',!~, T 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 Deparlment 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 features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation fi.om 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. Commereial building, industrial building, multiple residances and similar buildings and installations, a certificate of Code Compliance fi.om 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 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. 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 $25.00, Additions to dwelling $25.00, Alterations to dwelling $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. 6/16/11 New Construction: Old or Pre-existing Building: Location of Property: 55 Inlet Lane, Greenport House No. Street OwnerorOwnersofProperty: Bryant and ~ercy ~'~cElroy (check one) Hamlet Suffolk County Tax Map No 1000, Section Subdivision 43 PermitNo. 3~9~,5~-~- DateofPermit. Block Filed Map. Applicant: 4 Lot Lot: 38 Health Dept. Approval: N/A Planning Board Approval: N/A Request for: Temporary Certificate Fee Submitted: $ 50 Underwriters Approval: Final Certificate: N/A X (check one) TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING / STRAPPING ~ FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SA~-,', ~' INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION REMARKS: DATE ~- 7- J/ INSPECTOR Office Lodhtip~: Town J~mnex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 1, 2010 Bryant & Mercy McElroy C/O James E. Fitzgerald Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: ZBA # 6346 Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's February 18, 2010 Findings, Deliberations and Determination and the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a: building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Vicki Toth Encl. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF FEBRUARY 18, 20'10 ZBA FILE #6346 NAME OF APPLICANT: Bryant & Mercy McEIroy PROPERTY LOCATION: 55 Inlet Lane Greenport, NY. CTM-43-4-38 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 CODF: 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 November 13, 2009 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 parcel is a non-conforming 13, 643.68 sq. f. lot, with frontage on three roads; 80.68' on Inlet Lane, 1778.58' on Sandy Beach Road and 67.63' on Wood Lane. It is improved with a one story single family dwelling, as shown on a survey prepared by Joseph Ingegno dated Jan. 6, 1997, Shown on a project plan dated Sept. 15, 2009, submitted by the applicant's agent, there is also a 12' by 24' attached deck on the west side of the dwelling, which is not shown on the survey. BASIS OF APPLICATION: Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's September 29, 2009 Notice of Disapproval concerning an as built existing addition (deck) to a single family dwelling at less than the minimum rear yard setback of 35 feet. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. RELIEF REQUESTED: Applicant is seeking relief from Section 280-124, which states on lots measuring less than 20,000 sq. ft. the minimum rear yard shall be 35 feet. The existing deck indicates a rear yard setback of 22 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 21, 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: page 2- Fe,bruary 18. 2010 ZBA File#63~[6 -~ Bryant & Mercy McElroy CTM: 100~)-4.3-4e-38 at 55 Inlet La., Greenpor~ 1. Town Law §267-b{a){b){l}. Grant of the variance will not produce an undesirable change in tho character of the neighborhood or a detriment to nearby properties~ The neighborhood consists of many older, small beach type homes of similar size and type to the applicant's, mixed with newer larger homes built within the last 15 years. The applicant's existing deck addition is located on the west side of the dwelling, in an area that would be considered the rear yard. It is in keeping with the size and styles of the applicant's home as well as other homes in the neighborhood. The applicant's property has three front yards and the deck causes no significant visual impact or loss of privacy. 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 home has been in its location for approximately 38 years. Any construction on this parcel will/would require a variance from this Board. 3. Town Law §267-b(3){b)(3). The variance granted herein is not substantial. The existing northerly rear yard setback of the dwelling is 10.4 ff.. The applicant constructed the attached (as built) deck at 22 ft. from the same rear yard, thereby more than doubling the distance to the rear property line, which is 63% of present code requirements. 4. Town Law li267-b~3)Cb)~4) No evidence has been submitted to suggest that a variance for the (as built) deck in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant's property is fiat with no drainage issues cause by the existing as built deck. 5. Town Law §267-bt3)tb)t5). The difficulty has not been self-created but is the result of the subject parcel having three front yards. 6. Town Law .~267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open 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 Goehringer, seconded by Member Schneider, and duly carried, to GRANT the variance as applied for with the following conditions: The deck must remain open to the sky Within three months of the filing of this decision, and before a CO is issued by the Building Department, the applicant or his agent must file with the Zoning Board of Appeals office and the Building department an updated survey by a licensed surveyor showing all structures and setbacks, including the as built deck which is the subject of this application. That the above conditions be written into the Building InspectoFs 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 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 (Chaiq~erson), Dinizio, Goehdnger, and Schneider. (Absent was: Member Hornin~-'~ThislReSolutio~was duly adopted (4-0). Leslie Kane~ Weisman, Chairperson Approved forfiling ~, / o~- /2010 FOUNDATION PLAN SCALE: 1/4": 1' 4X4 PT POST CONC. FTG. APPROVED AS NOTED DATE ', , ' ~ ,.~ * ,' UI_Di~-,] DEPARTMEN :.~ a /M TO 4 PM FOR TriE FOLLOWING INSPECTIONS 1. FOUNDATION- TWO REQL,d~ED FOR POURED CONCRETL: 2. ROUGH - FRAMING, PLUMBINO STRAPPING, ELECTRICAL & ~AULKi~,¢- 3. INSULATION 4 FINAL - CONSTRUCTION & ELEC~ MUST SE COMPLETE FOR C.O ALL CONSTRUCTION SHALL MEET T ~, REQUIREMENTS OF THE CODES (.'~ YORKSTATE NOTRESPONSlBLE FL DESIGN OR CONSTRUCTION ERROiqS tjSE iS UNLAW, REVISIONS: A-1 FLOOR PLAN SCALE: 1/4" = 1' OTREE REVISIONS: SHEET NUMBER: A-2 SURVEY OF PROPERTY SJTUA TED EAST OF THE VILLAGE Ol~ GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-4.3-04-38 SCALE 1"=20' JANUARY 6, 1997 FEBRUARY 24, 2010 UPDATE SURVEY AREA = 1.3,643.68 sq. ff. 0.313 Dc. CERTIFIED TO: PECONIC ABSTRACT, Inc. DIME SAVINGS BANK OF NEW YORK ARTHUR SINGER BARBARA SINGER THE EXrSTENCE OF RIGHTS OF WAy AND/OR EASEMENTS OF RECORD, IF ANy, NOT SHOWN ARE NOT GUARANTEED. Nathan ,Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 OFFICES LOCATED AT I~A~INO ADDRESS Z WARI£ S 87'05'00" E N 83o15,00" W 0 DOMINICK SBLEN ~ & ANG I STORy FRAME HOUSE S 87"05'00" E N W N/O/F MARIE TOBER L NOW .I gl I 178.58' 0 SURVEY OF PROPERTY SITUA TED EAST OF THE VILLAGE GREENPORT TOWN OF SOUTHOLD SUFFOLK S.C. TAX OF COUNTY, NEW YORK No. 1000-43-04-38 SCALE 1"=20' JANUARY 6, 1997 FEBRUARY 24, 2010 UPDATE SURVEY AREA = 13,643.68 sq. ff. 0,313 ac. CERTIFIED TO. PECONIC ABSTRACT, Inc. DIME SAVINGS BANK OF ARTHUR SINGER BARBARA SINGER NEW YORK UNAUTHORIZED ALTERATION OR ADDBION TO THIS SURVEy IS A VIOLATION OF SECTION 7209 OF I}4E NEW yORK STA~ EDUCATION LAW THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. NYS Lic No 50467 Nathan Taft Corw,n III Land Surveyor PHONE (651)727-2090 Fax (631)727-1727 96 381t