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Home My WebLink About36299-ZTown of Southold Annex 54375 Main Road Southold, New York 11971 9/13/2011 CERTIFICATE OF OCCUPANCY No: 35222 Date: 9/13/2011 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 1295 West Creek Avenue, Cutchogue, SCTM #: 473889 Sec/Block/Lot: 103.-13-30 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 3/24/2011 pursuant to which Building Permit No. 36299 dated 4/5/2011 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" accessory in ground swimming pool per ZBA decision g6442, fenced to code. The certificate is issued to West Creek Avenue Trust (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 2908 7/8/02 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 #: 36299 Permission is hereby granted to: West Creek Avenue Trust Attn: P.M. Todebush PO BOX 265 Cutchogue, NY 11935 Date: 4/5/2011 To: "as built" accessory in ground swimming pool per ZBA decision #6442, fenced to code. At premises located at: 1295 West Creek Avenue, Cutchogue SCTM # 473889 Sec/Block/Lot # 103.-13-30 Pursuant to application dated To expire on 1014/2012. Fees: 3/24/2011 and approved by the Building Inspector. SWIMM1NG POOLS - IN-GROUND WITH FENCE ENCLOSURE CO - SWIMMING POOL Total: $500.00 $50.00 $550.00 Building Inspector Form No. 6 TOWN OF SOIJTHOLD 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 features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3-. Approval of eleetrieal installation from Board 0f Fire Underwriters. 4. Sw. orn statement from plumber ceFdfying 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 rvmponsible 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. Aeeurate survey of property showing all property lines, streets, building and unusuM natural or topographic features. 2. A properly ~mpleted 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. C. Fees 1. Ccrtificaie of Occupancy - New dwelling $50.00, Additions to dwelling $50.00, Alterations to dwelling $50.00, , Swimmilig pool $50.00, Accessory building $50.00, Additions to accessory building $50.00, 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 ofOceupancy - Residential $15.00, Commercial $15.00 New Construction: Location of Property: Owner or Owners of Property: ~6 0 ~ Suffolk County Tax Map No 1000, Section Subdivision Health Dept. Approval: Planning Board Approval: Date. . Old or Pre-existing Building: ~ House No. Street Date of Permit. (check one) Filed Map. Applicant:. Undenvritem Approval: Request for: Temporary Certificate Fee Submitted: $ ,~) et4 bO/&tq,,~ Final Certificate: (check one) Applicant Signature Nassau Suffolk Electrical Inspections, Inc. 5A Canal Street * Center Moriches, New York 11934 * Tel: 631-878-3500 + Fax: 631-878-3764 Application No: 2908 Date:7/8/02 Issued to: Todebush Address: 1295 West Creek Ave Village: Cutchogue Zip: 11935 Introduced By: Bethel Electric Township:Southold License#:2880-E was examined and found to be in compliance with the National Electrical Code ~ 2~ floor C~,iii~d~l H~ T~ NCl3e~c~ Switches Receptacles Fixtures G.F.L Microwave Whirlpoo~ 1 2 2-500Watt 2 Fans Dishwasher Washer/Amps Dryer/Amps Oven Carbon Range/Amps Monoxide Furnace Oil Gas Circulators Smoke Bell Detectors Transformers 9ther Equipment Meb~r Amps Phase Motors Inground Pool I-11/2Hp 1-20A Timeclock :)ut,Res Section: 103 Block: 13 Lot:30 This certificate must not be altered in any manner TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSUL~L.~TJON [ ] FRAMING / STRAPPING [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECT10N DATE~~----INSPECTO~~ TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INS~IJLATION [ ] FRAMING/STRAPPING [~FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) 11[ ] ELECTRICAL (FINAL) REMARKS: ~C .~/~ ~ INSPECTOR /~~ TOWN OF SOUTHOLD · BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ~/~"-.20 // Disapproved n/c ~/~//~/'!'D Expiration ! 0 / ti, 20 'f~"~ BLDG. DEPT. TOWN OF $OUTHOLD BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 3 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: /~g InSpector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS October 5 20 10 a. This applicalion MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing localion 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 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 amandment~'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 cfa 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, agiLmgulations, and to admit authorized inspectors on premises and in building for necessary inspections. /). ~' ' OOCUPANC',( OR UUb IS UNLAWt-,i "IMMEDIATELY" ' (Signat~re'~fa~pii~mt;;na~e'itac°rperati°n) "' ' ~'.~'!::'~-~i~-~i~ ?F~-ENOLOSE .v-OOLTOGODE P.O. Box 265, Cutchogue, New York 11935 ~ ' ' ~"' ~ '~ ~ '~"": ~ ~ :"- UPON COMPLET!ON 7 r%/" , ~\" !' '\' BE,-OR= ~,, ::R (Mailing address ofapplic, aat) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electricj ~en, p~},j~ ber or builder APPRO,,.,, A' OT o~mer (deed dated December 22, 2008 - L:Lber ].2575 ?ase 882) ED Name ofownerofprcmises Peter H. Todebush, az eurviv±ng Trus · (As on the tax roll or IateEE~ ~'~. 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. ~'~'~ HEQUIRED I. Location of land un which proposed work will be done: ].295 Uest Creek Avenue House Number Street County Tax Map No. 1000 Section Subdivision 103.00 NOTIFY BUILDING DEi~ARTMENT AT 765-1802 B AM TO 4 PM FOR THE' FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH- FRAMING, PLUMBING, STRAPPING, ELECTRICAL & CAULKING 3. INSULATION 4. FINAL- CONSTRUCTION &.ELECTRICAL MUST 8E COMPLETE FOR C,O. ALL CONSTRUCTION SHALL MEET THE REOUIREMENTS OF THE CODEs OF ~F_W Cut~¥~;k~r= ~,w o~,,~' ........ - I-1}l~l~ OR CONSTRUCTION ERRORS 13.00 Lot 030.000 ' Lot Block Filed Map No. (Name) 2. State existing use and occupancy of premises and intended use and occ. upancY of-~roposed c°nstmc'ti°n:~ ' a. Existing use and occupancy "as built" swimming pool - 2002 b. Intended use and occupancy "as built" swimming pool Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost $40,000.00 Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration. OtherWork "as built" swt~ming pool (Description) $500. O0 (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing sh'uctures, if any: Front 20 ' x 40 ' Height Number of Stodes Rear Dimensions of same structure with alterations or additions: Front Depth3 1/2 to 8 ft. Rear Depth Height Number of Stories r , ', ~",,': ' 8. Dimensions of entire new construction: Front Rear i !..?epth .... Height Number of Stories ' . 9. Size oflot: Front 200.00' Rear 200.00' .Depth 300.00' lO. DateofPurchase 12/22/08 NamcofFormcrOwn¢~ Ralph B. Todebush, Jr.~ as Trustee of the West Creek Avenue Trust 11. Zone or usc district in which premises are situated R-40 12. Docs proposed cunstruction violate any zoning law, ordinance or regulation? YES__ NO x 13. Will lot be re-graded? YES. NO x Will excess fill be removed from premises? YES__ NO x Swimming ~ool previously built. · Peter o~Owner~renuses ~[enuen~rus~ A~&~l~Phone . (239) 636-3956 ' 14. Names . Todeb h, as s rvtvi Tr stee th s tee . No NameofArchitect AddressNaples, FL 34105 PhoneNo (631) 734-6023 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO x 16. Provide survey, to scale, with accurate foundati~o~ plan and di,stan~es.to property lints. (Survey of John C. Ehlers Land Surveyor dated 09-28-2010 a1:~ached lu~ht~6.) 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: cou/,rry,~ ,SU;F. F0~ ) PETER M. TODEBUSH being duly sworn, deposes and says that ~s)he is thc applicant (Nan~.ofinai~idual-signing contract) above named, (S)He~is ~ ~ . ~/ (Contractor, Agent, Corporate Officer, etc.) '~f said owner'~ o,vficra,:andis ~iuly authorized to perform or have performed thc said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in thc mannet;aet,foRh in~&c application filed therewith. Sworn to before me this :~ ~ 5th~ _day of Obtober 2010 ~4~'Public i - Peter M. Todebush, as surviving Trustee of the West Creek Avenue Trust FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2010 TO: Richard F. Lark for Peter Todebush P O Box 973 Cutchogue, NY 11935 Please take notice that your application dated October 6, 2010 For a permit fbr construction of an "as built" accessory inground pool at Location of property: 1295 West Creek Avenue, Cutchogne, NY County Tax Map No. I000 - Section 103 Block 13 Lot 30 Is returned herewith and disapproved on the fbllowing grounds: The "as built" construction of an accessory inground swimming pool, is not permitted pursuant to Article III, 280-15 which states: ~ln the case AC District & Low Density Residential RS0, ...Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ..." The "as built" accessory inground swimming pool is located in a front yard. -/ Authorized Signature LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) ?34-6807 Fax No. (631) 734-5651 E-mail: LarkandFolt$ @ aol.corn RICHARD F. LARK MARY LOU FOLTS February 17, 2011 Michael J. Verity, Chief Building Inspector Southold Town Building Department 54375 Route 25 P.O. Box 1179 Southold, NY 11971 RE: 1295 West Creek Avenue, Cutchogue, New York (SCTM #1000-103.00-13.00-030.000) Dear Mr. Verity: The Zoning Board of Appeals granted the variance for the "as built" swimming pool on January 25, 2011. I am enclosing a copy of the Application for Building Permit which is on file in your office along with the check payable to the Town of Southold in the amount of $500.00. Also enclosed is the Application for Certificate of Occupancy along with a check payable to Town of Southold in the amount of $50.00. Kindly forward the Building Permit and Certificate of Occupancy to my office at your earliest convenience. RFL/bd Enclosures Very truly yours, 03/24/2011 14:15 FAX 6317345651 BOARD MEMBERS Leslie Kan~s Weisman, Chairperson lames Dinizio G~rard P. Goehringcr George Homing Y~n Schneider LARK & FOLT$ 002/004 Southold Town Hall 53095 Main Road · Re. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capi~ One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 ! ZBA FILE: 6442 NAME OF APPLICANT: PROPERTY LOCATION: West Creek Avenue Trust 1295 West Creek Ave. (Holden Ave,), Cutehogue SCTM1000-103-13-30 SEORA DETERMINATIQN: The Zoning Board of Appeals has visited the prol~rty under considcratiun in this application and determines that this review falls under the Type II category of fl~e Stag'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 Deplmment of Planning issued its reply dated January 4, 2011 s~ating that this application is considered a matter for local determination as there appears to be no significant county-wide or intcr-commuoity impact. PROPERTY FACTS/DESCRIPTION,. Subject parcel is a 60,000 sq. R. lot with two front yards. It is improved with a two story single family dwelling with attache(] garage and accessory in-ground swimming pool. It has 200.00 feet on West Creek Ave., 300.00 feet along the north property line, 200.00 feet along Holden Ave,, and 300.00 feet on the south property line as shown on the survey prepared 9/28/10 by John C. Ehlers LS. BASIS OF APPLICATION: Request for Variance from Article HI Code Section 280-15 and thc Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application for "~ built" accessory in-ground swimming poe] at; 1) location other than the code required mar yard RELIEF REOUESTED: The applicant requests a variance for an existing in-ground swimming pool in a front yard where the code requires a rear yard location. ADDITIONAL INFORMATION: The Applicant's attorney has testified that the applicant, who is Trustee of the West Creek Avenue Trust for ttie Todebush family, has no knowledge about how the swimming pool wes ¢omtmcted in 2001-2002 without proper permits. 03/24/2011 14:15 FAX 8317345651 LARK & FOLTS ~003/004 Pa~e 2 - Jm~ua~ ]9, 20! ! CTM; 1000-103-t3-30 FIN'DI]VOS OF FACT/REASONS FOR BOARD ,ACTION: The Zoning Board of Appeals held a public hearing on this application on ~'anuary 6, 2011, at which time written and oral evidence were presented, Based upon ail testimony, documantatio~, personal inspection of the property, and other evidcncc, the Zoning Board finds the following facts to be true and relevant and makes the fei{owing findings: Town Law {{267,b¢3~rb~'1} Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant has a lot of 60,000 sq. ft, which is the largest lot in the immediate area, with two front ynrds. Thc pool i$ heavily screened from view by mature landscaping along both side yards, with hedgerow along Holdan Avenue, and from West Creek Avenue by the dwcllmg on the subject property. It is sot back 121 feet from Holden Avenue, in an area that serves as the architectural rear yard of the dwelling. Tovam Law 6267-b(3)(b'tf21 Tho benefit sought by the applicant cannot be achieved by some method feasible for thc applicant to pursue, other than an area variance. Thc swimming pool meets all setbacks, with the exception of its placement in the second front yard area. ]t is existing on the property, the expense to move it is un~easonable, and them ia no code conforming rear yard available. Town Law 6267=bf3)¢b)¢3) The variance ~'anted herein is not substantial. The as built pool is located in the architectural rear yard of the subject property and meets all code r~quired setbacks. Town Law aZ6%bf3)(blf41 The alleged difficulty is self created. The pool was built without benet'R of proper permits and pla~ed in the front yard without applying for variance relief. Town Lnw ~267-bf3)(b)(~) There is no evidence submitted to suggest that the granting of this swimming pool will have an adverse impact on the physical or environmental conditions of the neighborhood. The pool is well screened and has existed in this Io~ation for years with no complaims, 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 an in-ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare et'the community RESOLUTION OF THE BOARD: In considering ail of thc above factors and applying the balancing test, motion by W¢isman (Chairperson), and seconded by Member Dinizio, and duly carried to; GRANT, the variance as applied for, and shown on the survey prepared 9/28/10 by John C. Ehlers LS. ny dewar,an from the survey, s,tc plan and/Or a,~hitecturnl drawings cited in this de0ision will result in delays and/or a possible denial by the Building Department cfa building permit, and may requhe a new application and public hearing before :he Zonin8 Board of Appesla. 03/24/2011 14:15 FAX 6317345651 LARK & FOLTS ~004/004 Any deviation fi, om the variance given such as extensions, o~ demolitions which ~re not shown on the applicam's diegrams or sun,~y site maps, s/c not authorized trader this application when involving nonconformities under the zoning code. This acQon does not anthori~ or condone any current or finure ,,se, setback or other feature of the subject prope~ that may violate the Zoning Code, other than such use~, setbacks and other features as are expressly addressed in this action, Thc Board ~escrv~s ~ right to substitute a similar d~i~n ~ ~ ~ minimis in n.~ ~r ~ ~at~n ~at do~a not i~ ~c dc~ree of ~n~fo~i~. Vo~ o[~c Bo~: Aye: Mom~ Wcism~ (Chmi~cr~n~ Dinizio, ~oid~. (Ab~nt was: Memb~ G~fi~e0 (Mem~ Homing by t~l=phon~ no vo~ng fiihL) This ~ol~on w~ L~Iic K~es Weiss, Chanson Approved for filin~/~ ~011 REVI.SEO t=OR POOL O~-28-2OIO .f:;i~FFOLK ¢OUI, ITY TAX # IOOO-IO~,-I~-~:::) NOTES~ ~ONUHENT POUND AREA = 60,000 5F OP-. I.~'¢ A~RE5 ®RAPHIC, ~-_.7,ALE 1"=40' bond Now or' Por'mor~9 of Hunf. ln¢~:on L. Hun[In'::Jf'°n ~: ~otjmon~ ~. pormerkJ J. Trol,4brld¢'¢ Klrkup 2 Frame Ho~ ~ Nor~ Croee nd No~ or Formerly oF 300.00' N Lof. Boa ,_ ~o I~S4 pile ~o. 4~0 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-C:~Documents and Settings\OwaerWIy DocumentsWIy Dropbox\02~02\02-182 final pool.pro p.Z-C"E/VE O BOARD OF APPEALS OHrly. Ram Truck Time ~ Stakeout # Hdy. Rate Machine Time __ ~ Approx. Time hrs. Grade agreed upon "~ ~, ('~ z~ -~ ~ ~ .... ~ ./p.,j ,~.~ . ...er - - ' ~.-.-.-.-.-.-.-.-.~uck Clearance O Y-- Comments: ~n~)''''~ I'~ ¢'/'~' C~)c..,-~ '~w.. ~r..~.~_. & Customer ~kn~s ~l~ ~ a ~ ~ ~ ~ ~ and hem~ ~Tmes & Clearing .~,, c..-- X = Stump F - Filter C = Cesspool D - Dr/well -,- = Overhead Line