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Home My WebLink About37094-ZTown of Southold Annex 54375 Main Road Southold, New York 11971 6/5/2012 CERTIFICATE OF OCCUPANCY No: 35737 Date: 6/5/2012 THIS CERTIFIES that the building Location of Property: SCTM #: 473889 Subdivision: RESiDENTIAL ADDITION 395 Tuthill Rd, Southold, Sec/Block/Lot: 55.-4-3 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 3/27/2012 pursuant to which Building Permit No. 37094 dated 3/27/2012 was issued, and conforms to ail of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: 12' X 32" deck addition to an existing dwelling per ZBA decision #6544, dated 3/15/12 as applied for. The certificate is issued to Baran, Roma & Olshansky, Emily (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 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 #: 37094 Date: 3/2712012 Permission is hereby granted to: Baran, Roma & Olshansky, Emily 82 W 12th St NewYork, NY 10011 To: construct a 12' X 32" deck addition to an existing dwelling per ZBA decision #6544 as applied for At premises located at: 395 Tuthill Rd SCTM # 473889 Sec/Block/Lot # 55.-4-3 Pursuant to application dated To expire on 9/26/2013. Fees: 3/27/2012 and approved bythe Building Inspector. CO - ADDITION TO DWELLING SINGLE FAMILY DWELLING - ADDITION OR ALTERATION Total: $50.00 $353.6O $403.60 Building Inspector 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 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. S~orn 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 certificate of Code ComplianceTrom 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 ¢~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. 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 $5000, 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 New Construction: V Old or Pre-existing Building: Location of Property: ~'~"~' ~//.~5~//L~/~ ~ House No. Street Owner or Owners of Property: Suffolk County Tax Map No 1000, Section (check one) Hamlet Subdivision P mit Vo. Health Dept. Approval: Filed Map. Date of Permit. ~ - ~ 7 -/~ Applicant: Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ Final Certificate: ~/ (check one) TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 y' INSPECTION ~,- [}/] FOUNDATION 1ST [ ] ROUGH PLBG. ~m--~[ ] FOUNDATION 2ND I ] INSULATION [ ] FRAMING/STRAPPING [ ] FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) REMARKS: '-~'~_ ~ ~°~--o v'~,~ DATE ~ INSPECTOR TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 [ INDATION 1ST [ ] FOUNDATION 2ND [ ] FRAMING / STRAPPING ON [ ] ROUGH PLBG. [ ] INSULATION [ ] FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) REMARKS: ~ DATE INSPECTOR TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION FOUNDATION 1ST [ ]ROUGH PLBG. [ ]F~NDATI~ [ ]INSULATION FRAMING / T~.~.~_PPING J [ ] FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELE~N~AL) REMARKS: TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSU~ [ ] FRAMING/STRAPPING [/,~J:INAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) REMARKS: ~ ~'/~ /?-~/? DATE __ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net PERMIT NO. Disapproved a/c Expiranon JAN 1 3 2012 BI. DG DEFI, TOWN or SOUIHOtD BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Phone:~5 Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. Tbis applicatiou MUST be completely filled in by iypewriter 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 sbowing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. Tbe work covered by this application may not be commenced before issuance of Building Permit. d. Upou approval of this applicatiou, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on tile premises available for inspection throogllout tile work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until tile Building Inspector issues a Certificate of Occupancy. f. Every building permit sball expire if the work authorized has not commenced within 12 montbs after the date of issuance or bas not been completed witbin 18 months f'rom such date. If no zoning amendments or other regulations affecting file property bare been enacted in tile interim, the Building Inspector may atttborize, 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 Connt,~, New York, aad other applicable Laws, Ordinmlces 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, boilding code/kousing code, and regulations, and to admit authorized inspectors oa premises and in building fbr necessary iuspections." ' ~) , /' ' '<'~T'gignlit~re ~'t'~p~ficYn~or'nan~e, ifa 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 [~xO fPO (As on the tax roll or latest deed) if applicant is a co~oration, 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. l'°cati°n °fland °n which pr°p°sed ~'°~[3d°ne:~ot~'~ House Number Street Hamlet County Tax Map No. lO00 Section ~)5 Block 4 Lot3 Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended a. Existing use and occupancy ~-~ ~, b. Intended use and occupancy,~C~('tOqa~ Nature of work (check which applicableS: New Building Repair Removal ~ Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars use and occupancy of proposed construction: Fee Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify aamre and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Real' Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions of entire new construction: Front 3 ~ Rear .Depth Height Number of Stories 9. Size of lot: Front \ o~ ! Rear kk ~ , ~q Depth 0~qLq C~ 10. Date of Purchase \\~3~3~ Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES V/ NO __ 13. Will lot be re-graded? YES NO v/Will excess fill be removed from premtses. YES 14. Names of Owner of premises'~rC~ Name of Architect Name of Contractor 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 ora tidal wetland? * YES NO · IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO'/' Address :l~' ~.13roadtzta~' A])/ Phone No. Address Phone No ~b,~ ~.-O -1 Address Phone No. 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 w' STATE OF NEW YORK) SS: COUNTY Ol~t4.fifiO 1t'5 ) /---2. tL/~AtA/ .~ 0/t~/V~ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (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; tbat 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. S~orn to before me this /~ ,.0,day of · Notary Public , 20.~CKI TOTH , ~"\i ..~'"' ~ .'~ ,,am~tateof New ~ork // ~'~ ~ _~ } NO. 01106190696 Qualified in Suffolk Co~mty /~ ~ ~,gnamre"o~ ~pp,cam FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 17, 2012 TO: Roma Baran c/o Leeann Romanelli P.O. Box 88 Southold, NY 11971 Please take notice that your application dated January 17, 2012: For permit to construct a deck addition to existing single family dwelling at: Location of property: 395 Tuthill Road Southold, NY County Tax Map No. 1000 - Section 55 Block 4 Lot 3_ Is returned herewith and disapproved on the following grounds: The proposed addition to the existing single family dwelling, on a non-conforming 32, 670 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring 20,000- 39,999 square feet in total size, require a rear yard setback of 50 feet, the proposed addition is shown at 25 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. B,OARD'MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/F~t Floor, Capital. One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIO5 MEETING OF MARCH 15, 2012 ZBA FILE: 6544 NAME OF APPLICANT: Roma Baran PROPERTY LOCATION: 395 Tuthill Rd., Southold, NY SCTM# 1000-55-04-03 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 February 28, 2012 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 DETERMINATION.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject parcel is 32,670 square feet (taken from ZBA application), it has 125 feet of road frontage along Tuthill Road (western property line), the northern property lines consist of two courses, 234.99 feet and 54.66 feet. The southern property line is 212 feet and the eastern property line (rear lot line) is 112.64 feet. The parcel is improved with a one-story frame dwelling with subject existing deck addition, a pool and a barn, as shown on the Site Plan section of the Deck Replacement Plan, Sheet A-l, dated 11/18/2011, prepared by Ira Haspel, R.A. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 17, 2012 Notice of Disapproval based on an application for building permit to construct a deck addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet. RELIEF REQUESTED: The applicant requests a variance for a 25 foot rear yard setback to a proposed reconstruction and remodeling of an existing deck, as shown on the Site Plan section of the Deck Replacement Plan, Sheet A-l, dated 11/18/2011, prepared by Ira Haspel, R.A. ADDITIONAL INFORMATION: The subject existing deck addition has a C.O., Z-23502, dated February 16, 1995. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 2 of~.~- March 15, 2012 ZBA Fi[e#6544 - Baran CTM: 1000-55-4-3 and surrounding neighborhood, 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)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A dwelling with a rear yard deck addition is characteristic of this residential neighborhood. There was no opposition for the requested variance from adjoining and nearby property owners. 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 rear of the dwelling and the existing deck exist within a nonconforming rear yard setback, therefore any proposed remodeling or reconstruction of this existing deck will require an area variance. 3. Town Law l~267-b{3}(b)(3}. The variance granted herein is mathematically substantial, representing 50% relief' from the code. However, the proposed reconstruction and remodeling wilt not create a new nonconformance and the proposed reconstruction and remodeling will reduce the area of the deck addition by 64 square feet. 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 difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law ~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the remodeling and reconstruction of an existing deck addition 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 Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the Site Plan section and other details of the Deck Replacement Plan, Sheet A-l, dated 11/18/2011, prepared by Ira Haspel, R.A. 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 ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or futare 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. !/ote of the Board: Ayes: Members I'Yeisrnan (Chairperson), Goehringer, Schneider, Dinizio. Horning. This Resolution was duly adopted Leslie Kanes Weisman, Chairperson Approved for filing~ /o~ /2012 / ! \ GAl,, ' d I 6 7f '36 (0 g N 71°3G' lO" ~'V $/r£ /'/.AH rio I~r'4 4' rL t~Pu BOARD OF AppEAI-~ Ira Haspel Architect, P. C. 59945.Main Road Soulhokl, N.y. 11971 631-765-2075 - phone 631-7655715 - fax 516-398-8753 - ecu lb~pel~haR~P-I.cem- enroll ~OUTN(DuCD, ft,~. L D~]"A / L, 1000-~5 ~OO F~ t I G 71 3~ I0 ]~ 7i'3G' ~0" ~V $/T£ /~ $0~ ! t D~cK ~ ~ 'l , F4c; 74" =' IcO'' Ira Haspel Archi tect, P. C. 59945 Mtht Rood Southold, N.Y. 11971 631-765-2075 - phone 631-765=5715 - fax 516-398-8753 - cell STRAPPING ELECTRICAL & CAULKING , 3 iNSULATION 4 FINAL- CONSTRUCTION & ELECTRICAL, MUST BE COMPLETE FOR C O t~ ALL CONSTRUCTION SHALL MEET THE ' REQUIREMENTS OF THE CODES OF NEW/ YORKSTATE NOT RESPONSIBLE FOR / DESIGN OR CONSTRUCTION ERRORS/--