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Home My WebLink About32244-ZTown of Southold Annex 54375 Main Road Southold, New York 11971 7/18/2011 CERTIFICATE OF OCCUPANCY No: 35070 Date: 7/18/2011 THIS CERTIFIES that the building Location of Property: SCTM #: 473889 Subdivision: RESIDENTIAL ADDITION 765 DOGWOOD LA SOUTHOLD, Sec/Block/Lot: 54.-5-32 Filed Map No. Lot No. filed in this officed dated conforms substantially to the Application for Building Permit heretofore 7/27/2006 pursuant to which Building Permit No. 32244 dated 7/27/2006 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: second story addition to an existing one family dwelling per ZBA #6212, dated 11/13/08, and Supreme Court Amended Order (index number: 2009-812I) dated 4/14/10. The certificate is issued to Terzis, Costas & Terzis, Haroula (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 3/20/03 1140548 6/12/03 Plumbing & Heating Aut hof~zed Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUII~DING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 32244 Z Date JULY 27, 2006 Permission is hereby granted to: COSTAS & HAROULA TERZIS 765 DOGWOOD LA SOUTHOLD,NY 11971 for : CONSTRUCT A SECOND STORY ADDITION TO AN EXISTING ONE FAMILY DWEIJ,ING AS APPLIED FOR.REPLACES BP#29851 at premises located at County Tax Map No. 473889 Section 054 pursuant to application dated JULY Building Inspector to expire on JA/qI3ARY 765 DOGWOOD LA SOUTHOLD Block 0005 Lot No. 032 27, 2006 and approved by the 27, 2008. Fee $ 150.00 Authorized Signature Rev. 5/8/02 ORIGINAL 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. 29851 Z Date NOVEMBER 3, 2003 Permission is hereby granted to: COSTAS & HAROULA TERZIS 765 DOGWOOD LA SOUTHOLD,NY 11971 for : CONSTRUCT A SECOND STORY ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. THIS PERMIT REPLACES BP#24400. at premises located at County Tax Map No. 473889 Section 054 pursuant to application dated NOVEMBER Building Inspector to expire on MAY 765 DOGWOOD LA SOUTHOLD Block 0005 Lot No. 032 2003 and approved by the 3, 2005. Fee $ 150.00 Authorized Signature ORIGINAL Rev. 5/8/02 POR~ bO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. N.o BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) is hereby granted t · ............... .. .....~,../...~..... ..w..:.~.:..~.o...../.....~ ...... C un' Tax Ma No 1000 Se ,ion o ~ p . ~ ........... ~:: ~, ....~ ............ Lo,.o ......................... pursuant to application doted .................. ~....~..~.. ........ 19.,~.Z and opproved by the Building Inspector. R~. 6~30/80 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT 765-1802 '~ 2 2 APPLICATION FOR CERTIFICATE OF OCCUP CY~ ~ ,' ~ ~' 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. Fiual survey of property with accurate location of all buildings, property liues, 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 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. Commercial building, industrial building, multiple residences and similar buildings and installations, a cerlificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Plamting Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming nses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual uatural or topographic features. 2. A properly completed application and consent to inspect signed by the applicaut. If a 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, Swirmmng 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, Conunercial $15.00 New Construction: Location of Property: Old or Pre-existing Builditrg: 5 Do t4/ooo Date. e~. =~6-rD(<:> (check one) Itouse No. Owner or Owners of Property: Suffolk County Tax Map No 1000, Section Subdivision Permit No. Health Dept. Approval: Pla~ming Board Approval: Request for: Temporary Certificate Street Block Filed Map. Date o f Pel'mit ,_7/~/O~ Applicaut: Unde~riters Approval: Final Certificate: Fcc Submitted: $ Hamlet Lot 3 ~ Lot: (check one) Applio/(nt g~gnatda~ ~271~?~007 ~3~57 63~273~0 HARVEY ~ ~NOFF ESQ P~E 0?/0? Farm No. 6 TOWN OF $OUTHOLD BUILDING DEPARTMENT YOWN HALL 76~-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application mu,~t be filled in by typewriter or ink and submitled to the Building Department with the followi.g: A. For new buildlug or new use: -. -- ' .... arid unusual natural or 1, Final surveY of propertywith accurate l°cati°n °f all bun°rags' pr°perry 'nes' s're~'' topographic features, m l-Ica th Dept. of water supply and sewerage-d sposa (S-9 form). 2. Final Approval fro . /.. ........ : .... Mq ~'ObO~ic- 3.4 Approval of electrical installation fi'om Board or rlre unuerwm~,~, 4. ,~ Sworn statement from plumber cerfif'ying that the solder used in system contains less than :2/10 of I% lead. 5. Commerci$1 building, of Code Compliance from architect or engineer responsible f~r the btdlding. 6. $~lbmit Planning Board Approval of completed site plan rcqmrement$. B. For existing buildings (prior to April 9, 1957) non-co~forming uses, or buildiugs and "pre-existing" land I. Accurale survey of prope~ah°wing all pr°p~ lines' s~eets' building and unusual na~ral °r t°p°~aphic features, 2. A properly complied ~p]icat]on and a consent to i~p~t signed by the applicant, ifa Ce~ifi~te of Occupancy is denied, tile Building inspector shall ata~ 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.~)0. Additions to accessory building $2~,00 Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy - $25.00 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy- Residential $15.00, Commercial $15.00 Old or Prc~existlng Building: New Cons(mction: Location of Property: ff ~a ~ House No. Owner or Owners of Property: _ ~ ~ ~ T~I Sa- Suffolk County Tax Map No 1000, Section ~'~ (check one) Hamlet Subdivision Permit No. ~4~)0 Health Dept. Approval: Date of Permit. I / /q7 Block Filed Map. __ Applicant: t~ .C TFt Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Fcc Submitled: $ ~--~'Od~) Final Certificate:__ Lot: (check one) , BY THIS CERTIFICATE OF COMPLIANCE THE NEW YORK BOARD OF FIRE UNDERWRITERS BUREAU OF ELECTRICITY 40 FULTON STREET - NEW YORK, NY 10038 CERTIFIES THAT "" ";I. ,~nn thh application of upon premises owned by G & S ELECTRICAL CONTR. P.O. BOX 215 SOUTHOLD, NY 11971, COSTAS TERZIS 765 DOGWOOD LANE SOUTHOLD, NY 11971 Located at Application Number: 1140548 Section: 054 Block: 05 Described as a Residential 765 DOGWOOD LANE SOUTHOLD, NY 11971 Lot: t Certificate Number: 1140548 032 Building Permit: BDC: NS11 occupancy, wherein the premises electrical system consisting of electrical devices and wiring, described below, located in/on the premises at: First Floor, Second Floor, Attic, was inspected in accordance with the National Electrical Code and the detail of the installation, as set forth below, was found to be in compliance therewith on the Name Alarm and Emergency Equipment Sensor Appliances and Accessories Exhaust Fan Dish Washer Range Panels 12th Day of June, 2003. QTY Rate Rating Circuit Type 4 0 Smoke 1 0 F.H.P. I 0 1.2 KW 1 0 10.9 KW 100 5 Wiring and Devices Receptacle l 9 0 General Purpose Switch 11 0 General Purpose Fixture 5 0 Incandescent Paddle Fan 2 0 Dimmers 1 0 Receptacle 3 0 GFCI seal 1 of 1 This certificate may not be altered in any wa}' and is validated only by the presence of a raised seal at the location indicated. TownHatl, 53095 Main Road P.O. Box 1179 $outhold, New York 11971-0959 Fax (631) 765-182: Telephone (631) 7654 BUILDING DEPARTMENT TOWN OF' $OUTHOLD CERIIFICATION Building Permit No. ~ e'*t~OO ' ~-' (please print) Plumber: Date: (please print) I certify that the solder used in the water supply system contains less than 2/10 of 1% lead. (Plumbers Signature) ' - Sworn to before me this lq day of ~OO %__, Notary Public, _ County ~/ LINDA J. COOPER ~m,y Pu~ic. State o~' ~.,-. · r..?ei. 4P'-2~>~3 Suffolk Cc-untv 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] FOUNDATION 2ND [ ~MING [ ] FIREPLACE & CHIMNEY [ ] ROUGH PLBG. [ ] INSULATION [ ] FINAL REMAR~ *-~ DATE INSPECTOR~~-~ 76S-~.802 BUILDING DEPT. INSPECTI? FOUNDATION 15T [ P/] ROUGH PLBG. ]/E~UNDATION 2ND [ ] INSULATION FRAMING [ ] FINAL []FIREPLACE&CHIMNEY 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] FOUNDATION 2ND [ ~I~'~RAMING [ ] FIREPLACE & CHIMNEY [ ] ROUGH PLBG. [ ] INSULATION [ ] FINAL 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] R/OUGH PLBG. [ ] FOUNDATION2ND [~/] INSULATION [ ] FRAMING [ ] FINAL []FIREPLACE&CHIMNEY INSPECTOR DATE TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION ~ [ ] FRAMING/STRAPPING,,~FINAL ~ [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION REMARKS: DATE. I1:.'1.11-' IIl!il'~l;l IIIII I1P. r~II1T · I;011tl HO. I TOS/N OF SOUTIIOI,I) 'l'(g~ ft !IOIITIIOI.I), N.Y. 1197 I TFA,! 'I~5- IIIIll IlO^liD lip IIE~I.TII ............... 3 ~l~.'l'~ Ill~ I)t,^tl~ ............... !lllllVg¥ ........................ CIIE(]K ......................... ~1~. I~'1'I Ii FOIIIt ................... e. ~ Ix~lhlh~g troll I~ ~,pl~l or o~(I in ~)ole or in i~t for m~y I~,rlxme ~mt~er until ~,,, ../.~. ........ :.. r,~, ........................................... .... .................... I~11~~ .................... Ih[h~c (if ~Lnrl[.i ............... i)i..:tmlt.,,~j,~~ ~nlht~ t.~ (:(xulLn.:l:[i.&: I~&'(~ll: ................ I~1[ , .............. I~l~lh .............. ~,,,: ,~,-,,: .... Ze.e ............ ,~.,- . ...... Z~ ........,~,,,, ...~Z ............. ~.:hl.~:~ ..:..~ ........... : .........~u~,,, ........... · ................. :. n~ ~ .............. YES, [[~lililJ) l,~:nl~; clenrly n,~l dlel:lncl:ly .11 I.dldlnl~., ~J~elher e.lodnlt o~ i~rolx~Bed, m.I h~llcatn nIT flet-lmck dl.~.alonn I!.1 .i y I'.hl ic ..... ,~.../.~..-.---.--~- ' ~. WILKINS N~m~' Public, State of New York 4952246, Suffolk Couoty_ Expires June 12, 19~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 18, 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 3__~2 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 stor~./ ~~'~ '~"X//~ ~~tXhrr~n z~iigna~re CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 18, 2008 RENEWED: July 18, 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 3_.22 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. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require further review by the $outhold Town Building Department. 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 Block_5 Lot 3~2 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 prat 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 thc structure without thc benefit of a building permit. The "as built" deck addition on this non-conforming 6,806 square foot parcel~ is not permitted pursuant to Article XXIII Section 200-124~ which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum rear yard setback of 35 feet~ and a maximum lot coverage of 20 percent. 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 ~'~urvey,'~ )-~'e~d to the Zoning Board of Appeals on August 26, 2008, by John C. Ehler~. /~ // ' . nature CC: file, ZB.A. ~.~ Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Gerard P. Goehringer, Chairman ~Y.~x~ Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Marline 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 f ZONING BOARD OF APPEALS i'~D').~ ~ [~ ! ~ t BLDG. DEPT. FINDINGS, DELIBERATIONS, AND DETERMINA~~QL~_.~ MEETING HELD NOVEMBER 13, 2008 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 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 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-story stucco house and flame 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. Z~ng Board of Appeals held a public hearing on this application on October 30, 20~Jg?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: 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 stow 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 inspection, 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 not constitute habitable third stow space. This 267.34 square foot attic is storage area which leads to a very small balcony off the 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 to 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 stow. Page 4 - November 13, 2008 ZBA # 6212 - Costas Terzis CTM 1000-54-5-32 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 there be installation of a sprinl~]ar system st the top of the stairs leading to this room and 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 and 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: M~Goehri~q~hairman), Oliva, Simon Dinizio. Absent was ~~ e~~~ adopted (4.0)' and Page 3 - November 13, 2008 ZBA # 6212 - Costas Terzis CTM 1000-54-5-32 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 stow, 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: SUPREME COURT OF THE STATE OF NEW YORK lAS PART XXI - COUNTY OF SUFFOLK PRESENT: lION. JEFFREY ARLEN SPINNER Justice of the Supreme Cou~ I COSTAS TERZIS, I Petitioner, ~ For an Order Pursuant o Article 78 I of he C~v I Pract ce Law and Rules, - against - MICHAEL VERITY Thc Soulhold Town Building Dept, ~RDER: INDEX NO.: 2009-8121 MOTION SEQ. NO.: 001 - MG ORIG. MOTION DATE: 03/19/09 FINAL SUBMIT DATE: 04/14/10 The Court, sua sponte, having been informed of the incorrect inclusion of a sentence unrelated to the instant decision, hereby amends the prior Order of this Court, dated June 9.2010, to read as follows: UPON thc following papers numbered I to 10 read on this Petition: · Order to Show Cause and Petilion (Papers 1-2); · Opposition and Answer (Papers 3-8); · Reply (Papers 9-10); il is, ORDERED, that the application of Petitioner is hereby granted in all respects. Petitioner moves this Court for an Order compelling Town of Southold Building Department to issue a building permit and/or amended building permit, and/or Certificate of Occupancy, in accordance with the written derermimttion of the Town of Southold Zoning Board of Appeals. Pelilioncr is thc owner of real propelly approximately .I 6 acres in size, located on Iht northerly side of Dogwood Lane, near the intersection of Soundview Avenue in Ihe Town of Southold, Counly of Suffolk, Slate of New York (Suffolk County Tax Map tis District 1000, Section 54, Block 5, Lol 32), commonly known as 765 Dogwood Dine, Southold, New York, said premises having had a valid Certificute of Occupancy fora single Ihmily dwelling· On August 29. 1097, Pctilioncr filed t~,ra building permit to "conslmct a sccoud slory addition to an existing single family dwelling", and in accordance therewilh Building Permit under No. 24400Z was issued on October 6, 1997, granting petitioner permission "to conslruct a second story addition to an existing single family dwelling as applied l~r". Petitioner thereafter commenced construction in Page I of 4 accordance with the building permit and plans in October, 1997. On November 10, 1997, Southold Town Building Department Inspector Gary Fish conducted a fl'aming inspection on thc construction and indicated that as framed on that date, there was u possible third story. Subsequently. Petitioner consulted with the Building Department to remedy the potential third story issue, was advised to lower the ceiling height to under seven (7) feet so that the attic would not constitute a third story, and therefore on November 20, 1997 amended the plans, showing an attic height as 6' 11 3/4". The amended plans were accepted by the Building Department and construction continued. On November 26, 1997, Michael J. Verity of the Southold Town Building Department inspected the framing and rough plumbing, and did not indicate any problem with regard to a third story on his inspection report. On December 3, 1997, Gary Fish of the Southold Town Building Department inspected the framing and approved same, and construction continued further. With the framing approved, Petitioner was allowed to insulate the structure, and upon completion of insulation an inspection was conducted on December 5. 1997 by Gary Fish of the Southold Town Building Department. Although all construction had been completed in accordance with the filed plans and building permit, the final Certificate of Occupancy was not obtained in 1997. Petitioner later sought to remedy this, and after conferring with thc Southold Town Building Department, filed a renewal application dated January 7, 2008, for the issuance of a Certificate of Occupancy for the as built construction. On January 18. 2008. Petitioner received a Notice of Disapproval. On July lg, 2008, the Building Department renewed the disapproval and further amended same on October 8, 2008. The Notice of Disapproval is based upon the Building Department's conclusion that "the as built construction constitutes a third story." Petitioner filed an application with thc Southold Town Zoning Board of Appeals (ZB A) to appeal said denial ~egarding a Certificate of Occupancy on the second story addition as constructed, and applying for appropriate variances on the rear yard deck as constructed. In accordance with Petilioner's application, a public hearing was held on October 30, 2008, after which the ZBA visited and inspected the property in person. On Novembcr 13, 2008, the ZBA held a meeting to consider the "findings, dcliberatim~s, and dmcrmination" on the application, which resulted in its issuance of a written determination, signed by Chuirman of the ZB A, Gerard P. Goehringer, dated November 24, 2008. graining the appropriate and necessary vari ances Ibr a deck and reversal of thc building i nspec tot's determination that the attic constituted a third story. Specifically, regarding the as built application, thc ZBA determined, "after review and inspection, the third fltx)r attic was found only to be sheet rocked and painted, without thc ulildy of heat, is with limited electricul outlets, thc ceiling heighl is less than seven (7) f~et. The Board finds this does not constitute habitable third story space...." and based thereupon, issued ils deten'nbmtion that: IINTERPRI,;T, wilh regard to the attic, and based on tbe evidence gathered at the public Page 2 of 4 hearing and documents submitted, with REVERSAL of the January i 8, 2008, renewed July 18.2008 determination of the building inspector, subject to the following condition: That the third story as exists may by used for attic snace, without sleeoine or habitable s0ace. provided there be no plumbing or heat utilities added, or additional electrical outlets, and there be installation of a sorinkler system at the toe of the stairs leadin~ to this room and balcony; (emphasis added). In accordance with the ZBA determination, Petitioner subsequently attempted to amend the building permit application to include the sprinkler head as required therein, The Chief Building Inspector of the Town of Southold, Michael J. Verity, refused, and continues to refuse, to issue the permit and ultimate Certificate of Occupancy in contravention of said ZBA determination. It must be noted that, neither Mr. Verity, nor anyone acting on behalf of the Building Department appeared or submitted any evidence or mstimony to the ZBA despite a full and fall' opportunity to do so, and neither Mr. Verity, nor anyone acting on behalf of the Building Department, commenced an Article 78 proceeding to review and overturn the determination of the Zoning Board of Appeals. Petitioner has exhausted all administrative remedias. Regarding Respondents' opposition to this Petition. the first thing the Court notes is the absence of a Return, requisite in an Article 78 proceeding. Next. The Court notes that, while the ZBA decision is dated November 24, 2008, Respondent submits a letter from a Regional Architect with the New York State Department of State's Codes Division. dated April 21. 2009, months after the hear/ng was held and closed, and the ZBA decision rendered, and one month after the instant Article 78 proceeding was instituted: a document de hors the record, with in no way reflects any evidence that said official had the full record before him in making the determination, and therefore incorrectly addresses the area in question as if it were intended to be "...habitable space..,', at direct odds with ~he determination of the ZBA. The potential for this document to be seen as tailored to the inslant application is hazardously inescapable, The Court is further struck by the concern that, universally, atlic space in the vast majority el homes in the State would not pass muster when viewed in the light of this document, whether it be as to ceiling heighl or stair width (such as pull down stairs or no stairs at all, just a mere lift panel in a ceiling), il' viewed within the strict applications of habitable space. Furthermore, it seems inexplicable that the Department of State would adopt as a standard practice the inspeclion of attic storage spaces throughout the State, and even more incomprehensibly applying habitable space slaodards to such space. From thc slart, it should be noted that it is well settled law in Ire State of New York Ihat a Court may not substitute its own judgment Ibr thai of the reviewing board (see: Janiak v. Planning Board of the Town of Greenville, 159 AD2d 574, 552 NYS2d 436 1'2'~ Depl], appealdenied, 76 NY2d 7(}7, 560 NYS2d 989, 561 NE2d 889 119901; Mascony Transport and Ferry Service v. Richmond. 7 I AD2d 896,419 NYS2d 628 [2''a Dept 19791, at~"d, 49 NY2d 969,428 NYS2d 948,406 NE2d 803 Page 3 of 4 [1980]L Themfore~ if the decision rendered by thc reviewing board is within thc scope of lhe authority delegated to il, the Court may not intcffere and annul it. unless said decision is arbflrary, capricious or unlawful (see, Castle Properties Co. v. Ackersoo, 163 AD2d 785.558 NYS2d 334 Dcpt 1990]). it is, Iherefom, indisputable that the standard of review for determinations of Respondents. as the Town Zoning Board of Appeals, is whether the decision rendered is arbitrary, capricious and/or unlawful. Petitioner's Counsel properly points out that Respondents failed to pmlicipate in the ZBA heating. failed to oppose the application, and failed to avail itself of the legal remedy of its own Article 78 lo address the ZBA's determination reversing its denial. As Petitioner's Counsel further adeptly argues, the Appellate Division. Second Department has held that, in circumstances wbem it appears to be undisputed that no judicial review of the ZBA's decision has been sought, such decision must be deemed a final determination which the Court cannot now disturb (see: Searsdale-Itarney v Brlnte, l I AD2d 777 [2 Dept 1960]). For all the reasons stated herein above and in the totality of the papers submitted heroin, it is, therefore, ORDERED, that the above referenced application of Petitioner Js hereby granted in all respects; the Town of Southold Building Department is hereby directed to issue any and all Building Permits and Cer0ficates of Occupancy, in accordance with the written determination of the Town of Southold Zoning Board of Appeals, necessary to completely comply with said decision dated November 24, 2008. referenced herein above. Dated: Riverhead, New York , NON-FIN^L DISPOSITION DO N(YI' SCAN FINAL DISPOSITION ~' SCAN TO; Law Offices of Harvey A Amoff 206 Roanoke Avenue Riverbead. New York 11901-2794 Smilh Fmkelstein Lundberg Islet & Yakaboski LLP 456 GtiffingAvenue, PO Box 389 Riverhcad. New York 11901-0203 Page 4 of 4 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD Fax (631) 765-9502 Telephone (631) 765-1802 July 18th, 2006 Costas Terzis 15 West 55th Street New York N.Y. 10019 RE: 765 Dogwood Lane SCTM# 054 0005 032 Dear Mr. Terzis, Please be advised that your Building Permit #29851 issued November 3rd, 2003 has expired. According to the Code of the Town of Southold, a Certificate of Occupancy must be issued prior to use of the structure. To renew your Building Permit, please submit a fee of $150.00 at that time we can schedule an inspection by one of our Building Inspector's. If you have any questions, please call us at 631-765-1802. Respectfully, SOUTHOLD TOWN BUILDING DEPT. Harvey A. Arnoff Michael P. Sendlenski Parale~al Colleen Grattan-Amoff, R.N. HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 May25,2007 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George F. Biondo John A. MacLachlan Southold Town Building Department Main Road Southold, NY 11971 Att: Michael Verity RE: TERZlS, Costas 765 Dogwood Lane, Southold, NY Dear Mr. Verity: Enclosed please find draWing prepared by my client reference the stairs and attic at 765 Dogwood Lane, Southold, New York. Once you have had the opportunity to review same and share that information with the New York State Inspector, perhaps we can again discuss how to best resolve this matter with minimal cost to my client. Thank you fo~ your anticipai, ed coope[at',~r. HAA: rg Enclosure cc: Costas Terzis HARVEY A. ARNOFF Harvey A. Arnoff Michael P. Sendlenski Paralegal Colleen Grattan-Amoff, R.N. Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 May 31, 2007 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan Southold Town Building Department Main Road P.O. Box 1179 Southold, NY 11971 Att: Michael Verity RE: TERZlS, Costas 765 Dogwood Lane, Southold, NY Dear Mr. Verity: Enclosed please find drawing prepared by my client reference the stairs and attic at 765 Dogwood Lane, Southold, New York. Once you have had the opportunity to review same and share that information with the New York State Inspector, perhaps we can again discuss how to best resolve this matter with minimal cost to my client. Thank you for your anticipated cooperation. Very truly yours, Harvey A. Arno'W'---' HAA: rg Enclosure cc: Costas Terzis HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff ' Paralegal Colleen Grattan-Arnoff, R.N. January 4,2008 Fax No,: (631) 727-3940' *Not for service of legal papers Of Counsel George F. Biondo John A. MacLachlan Town of Southold Building Department Town Hall 54375 Route 25 - PO Box 1179 Southold, New York 11971 Attn: Michael Verity RE: 765 Dogwood Lane, Southold, New York Dear Mr. Verity: Please be advised that our office erred in its description of the steps recommended to be taken to alleviate the Town's concern with regard to the above residence's third floor. My client has indicated that the recommendation made to him regarding the third floor attic was that a single sprinkler unit be placed within the attic in order to meet fire safety standards. Ou[ office improperly stated that Mr. Terzis was willing to construct or have built a complete sprinkler system throughout the house, however, this step would be far and above those recommendations made to our client. Thank you for your immediate attention to this matter. I apologize for any confusion this issue has brought. Very truly yours, LAW OFFICES OF HARVEY A. ARNOFF By: RCofy Alarcon, Esq. RA:r9 cc: Costas Terzis H~rv~; A. Arnoff Paul K. Siepmann Parale~al Colleen Grattan-Arnoff, R.N., LNC HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 July 21,2008 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo Richard A. Hammer Town of Southold Building Department PO Box 1179 Southold, New York 11971 Attn: Ms. Connie Bunch Re: 765 Dogwood Lane, Southold, New York 11971 Letter of Disapproval Dear Ms. Bunch: With regard to the above referenced matter, enclosed please find a check in the amount of Fifty Dollars and 00/100 ($50.00), made payable to the Town of Southold. Upon receipt of this letter, kindly forward your Letter of Disapproval to this office via first class mail and facsimile at 631-727-3940. If you should have any questions or require any additional information, please do not hesitate to contact the undersigned. Thank you for your courtesy and cooperation in this matter. HAA/dr Enclosure cc: Mr. Costas Terzis Very truly yours, Harvey~ HARVEY A. ARNOFF JAN 2. 8 Harvey A. Arnoff . Paralegal Colleen Grattan-Amoff, R.N. Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 danuary 2a, ZOU8 Fax No.: (631) 727-3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan Town of Southold Building Department PO Box 1179 Southold, New York 11971 Attn: Ms. Connie Bunch Re: 765 Dogwood Lane, Southold, New York 11971 Letter of Disapproval Dear Ms. Bunch: With regard to the above referenced matter, enclosed please find a check in the amount of Fifty Dollars and 00/100 ($50.00), made payable to the Town of Southold. Upon receipt, kindly send the letter of disapproval to my office via first class mail and facsimile at 631-727-3940, so that I may forward same to the New York State Department cf State. HAA/dmm Encls. Thank you for your courtesy and cooperation in this matter. Ve~:~~ yours, cc: Mr. Costas Terzis Harvey A. Arnoff Paul K. Siepmann Paralegal Colleen Grattan-Arnoff, R.N. HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 July 07, 2008 FaxNo.: (631)727- 3940* *Not for service of legal papers Of Counsel George E Biondo John A. MacLachlan Town of Southold Building Department PO Box 1179 Southold, New York 11971 Attn: Ms. Connie Bunch Re: Dear Ms. Bunch: 765 Dogwood Lane, Southold, New York 11971 Letter of Disapproval With regard to the above referenced matter, kindly prepare an updated letter ofdisappmval. Please contact our office when it is ready and we will tender a check for Fifty ($50.00) dollars upon picking the letter up from your office. Thank you for your courtesy and cooperation in this matter. PKS/mmi Verv tr. ukr~ars. .~- Paul K. Siepmann cc: Mr. Costas Terzis BY HAND SMITH, FINItELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP Direct E-Mail: fislen~sfliy.com April23,2009 Michael Verity, Chief Building Inspector Southold Town Building Department 54375 Route 25, P.O. Box 1179 Southold, New York 11971 Re; Terzis v. Michael Verity and The Southold Town Building Dept. Index No. 09-08121 Dear Mike: house. Enclosed please find the Building Department's original building plan for the Terzis Vet/y, trt~ly r , /Frank A. Islet FAFcd Enclosure OWNER TOWN OF $OUTHOLD PROPERTY RECORD CARD LAND IMP'. AGE NOeL Acre STRE~ 7-A~ FARM TOTAL DATE / ,.//z / / ~/c V l LLAGE ~__ ~,. / --"-- , E W ~' ~'~- ~,~.: *--: ~-/ .-~_-.~__ COMM. ~ CB, MICS, REMARKS ~_~ · 7' SUB. -Mkt. Value LOT BUILDING CONDITION NEW BELOW ABOVE FARM Volue Per Value Acre Tillable FRONTAGE ON WATER ~ Woodlond FRONTAGE ON ROAD Meodowl~d DEPTH House Plot BULKHEAD Total . . DOCK Porch Breezeway Garage Patio Oo Total COLOR Ext. Wa!Is Fire Place Type Roof Recreotidn Room Dormer B~h' Floors Heat ROoms ]st Floor Roor~s 2.hd ~l~r.. ~qveww RAIUN~ d CEIL. AT DORMEI ATTIC EXIST. PART ATTIC FLOOR PLAN ~ UP 14R TO ATTIC RAILING I J UNDERSTAiR, ] I 74: CLS.: BR. BR. EXIST. PART SECOND FLOOR PLAN ATTIC 2ND FLR.' RAtLIN~.~ SECTION OF EXIST. STAIR FROM 2ND FLR. TO ATTIC · rr~s EXISTING STAIR FRONI 2ND FLR. TO ro~o~ 765 DOGWOOD LANE, SOUTHOLD, N.Y. DIST. 10D0, SEC. 54, BLOCK 5, LOT 32 cm-r c s SK-1 c. l~Z ~x DWG. '1 OF ~1 SCALE: 'll4"~l~-~l'' PROPERTY LINE . . WD. RAILING -- EXIST'G REAR WALL 18'-8" WD. RAILING ~ / t~ It~11 DOUBLE 2x6 ~ 2x6@ 16" D.C. II I 2x3x7/8 WD. DECKING. EXISTING WOOD DECK 4"x4" WOOD POST BELOW ON CONC. FOOTING (TYP.) !~ DOUBLE 2x6 , 2x6 WD. FASTENED ,,,,,, TO IIIIII , , TE~IS ' T"~E~"~s RESIDENCE ,EXISTING R~. DECK P~N ~ ~CHITE~S, ~ ....... ~*~s'~,~c.,~o~ ' 765 DOGWOOD ~NE, SOUT~,~LD, N'Y. FE~ 2 2O09 BLDG. DEPT. 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