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37353-Z
Town of Southoid Annex P.O. Box 1179 54375 Main Road Southold, New York 11971 7/23/2012 CERTIFICATE OF OCCUPANCY No: 35838 Date: 7/23/2012 THIS CERTIFIES that the building Location of Property: SCTM #: 473889 Subdivision: AS BUILT DECK 2450 Laurel Way, Mattituck, Sec/Block/Lot: 121.-4-19 Filed Map No. conforms substantially to the Application for Building Permit heretofore 6/28/2012 pursuant to which Building Permit No. 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 #6568, dated 6/21/12. Lot No. filed in this officed dated 37353 dated 7/10/2012 The certificate is issued to Greco, Judith (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 #: 37353 Date: 7/1012012 Permission is hereby granted to: Greco, Judith PO BOX 398 Mattituck, NY 11952 To: "as built" deck addition to an existing one family dwelling as applied for per ZBA #6568, dated 6/21/12. At premises located at: 2450 Laurel Way, Mattituck SCTM # 473889 Sec/Block/Lot # 121.-4-19 Pursuant to application dated To expire on 1/9/2014. Fees: 6/28/2012 and approved bythe Building Inspector. CO - ADDITION TO DWELLING S1NGLE FAMILY DWELLING - ADDITION OR ALTERATION Total: $50.00 $531.20 $581.20 Building Inspector Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application nmst 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. 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 certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B~.. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate 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. 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, 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- $25.00 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy- Residential $15.00, Commercial $15.00 Date. New Construction: Old or Pre-existing Building: Location of Property: House No. '/treet Owner or Owners of Property:,._-'J'TQ t-J; t..~£ b'g~PP O Suffolk County Tax Map No 1000, Section /o~ Subdivision PennitNo. ~ 7'~.~5 DateofPermit."fl-/C Health Dept. Approval: Block 4 Filed Map. ~ / ~ Applicant: Underwriters Approval: (check one) ' Hamlet Lot [~ Lot: Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ ,~ - b'z'v/t,z'~' Final Certificate: TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION ] FOUNDATION 1ST ] FOUNDATION 2ND ] FRAMING / STRAPPING [ ] ROUG~BG. [ ] IN,~I~II. ATION [~NAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] RRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) REMARKS: ~-~~~ ~ DATE INSPECTOR ~/~'~/~/ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ~?0,20 Approved 7/t ° , 2o1~ j Disapproved a/c ~]g/ t.L ~ Expiration I/) 0 ,201~' PERMIT NO. JUL -5 2011 BLDG, DEPT. TOWi~ OF $OUTHOLD Building Inspector 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 Flood Permit Single & Separate Storm-Water Assessment Form Contact: Mai] to: APPLICATION FOR BUILDING PERMIT Date 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 bni[dings on premises~ relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shah 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, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, 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 '~ {A. GL i3r~ ~v 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 proposeql work will be done: 2_% o tcu t House Number Street Hamlet Block htr Filed Map No. County Tax Map No. 1000 Section Lot Subdivision Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy_ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. I f dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) ,,:, (To be paid on filing this application) Number ot~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 structures, if any: Front Height. Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth. Height_ Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size of lot: Front Rear Depth 10. Date of Purchase 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 NO__ 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet cfa 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 cfa tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF'~ ~: being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH Notary Public, State of New York No. 01BU'6185050 (S)He is the (Contractor, Agent, Corporate Officer, etc.) Co~r~ib-n-~-I~"~b~ll-~,'i'20t )-- of said owner or owners, and is duly authorized to perform or have performed tile 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 tile work will be perlbrmed in the manner set forth in the application filed therewith. Sworn to before me this ~-_-P'/--- day of (~ 20 J~ Notary Public 07 - Signature ofiA~ I~ant Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERIY~OC~ATIO~h a.C.T.~.~ THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A ~ ~ STO~WATE~ G~ING, D~GE ~D ~R~ION ~L P~ SCOPEOFWO~ - PRO~S~ CONDUCTION ~ / WO~S~ [ Y~ No ~ S~ ~Wo~ ~r Pm~s~ ~) ~ by a T~ (~ I~ ~n~l ~ ~? a~ Ground ~a~ ~ the pm~d S~e Imp~e~n~ a~ ~e ~a~t ~a~ of SIo~s ~ing Su~ Wa~r R~. ~,~ ~ ') 3 Does~eSi~anand/orSu~eyd~emsi~ c~l s~e erosion and st~ ~ter dis~a~s. ~is ~ / ~ item must be main~in~ ~g~ut ~e Entire Cons~ Ped~. 4 ~" ~ P~J~ R~im any Land Filling, Gmdi~ or Ex~vati~ where ~em is a ~ange to ~ Na~ral of Mategal within any Parcel? 5 Will ~is ~i~on R~uire La~ Disturbing ActM~ En~mpa~ing an ~a in ~c~ ~ Five ~ou~ (5,0~ S.F.) Square Feet ~ Gr~nd Su~? 6 is ~ere a Natural Water Coume Running ~mugh ~e Site? Is ~is Pmj~t wi~in ~e Tmste~ ju~di~n V ~. 01B~I~ ~d ~t hdshc ~s ~c .......................... m~c ~d fiic ~s application; ~t ~] s~tcm~ cOn~ed ~n ~ appE~don ~ ~ m ~e ~st oils ~o~ed;c ~d Sworn to bdorc mc FORM - 06/10 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 8, 2011 TO: Judith Greco 2450 Laurel Way Mattituck, NY 11958 Please take notice that your application dated July 5,2011 For "as built" deck addition to an existing single family dwelling at Location of property 2450 Laurel Way, Mattituck, NY County Tax Map No. 1000 Section 121 Block 4 Lot 19 Is returned herewith and disapproved on the following grounds: The "as built" deck addition to an existing single family dwelling is not permitted pursuant to Article XXII1 Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots between 20,000 and 39,999 sq. ft., the required front yard setback is 40' & the required rear yard setback is 50'. The as built addition indicates a front yard setback of approximately 16' and a rear yard setback of approximately 17'. Authorized Signature FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 8, 201 l Updated: March 7, 2012 TO: Judith Greco 2450 Laurel Way Mattituck, NY 11958 Please take notice that your application dated July 5,2011 For "as built" deck addition to an existing single family dwelling at Location of property 2450 Laurel Way, Mattituck, NY County Tax Map No. 1000 Section 121 Block4Lot 19 Is returned herewith and disapproved on the following grounds: The "as built" deck addition to an existing single family dwelling is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting ora building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots between 20,000 and 39,999 sq. ft., the required front yard setback is 40' & the required rear yard setback is 50'. The as built addition indicates a front yard setback of approximately 16' and a rear yard setback of approximately 17'. Authorized Signature BOARD MEMBERS Leslie · Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First 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 DETERMI] MEETING OF JUNE 21, 2012 ZBA FILE: 6568 NAME OF APPLICANT: Judith Greco PROPERTY LOCATION: 2450 Laurel Way, Mattituck, NY SCTM# 1000-121-04-19 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 May 11, 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 parcel is 29,358 square feet in an R-80 zone and is triangular in shape. It fronts the R.O.W. known as "Laurel Way" for 441 feet to the south, has an eastern property line of 199.78 feet, a northern property line of 375.33 feet and a western property line of 9.74 feet. The parcel is improved with a 2 story frame dwelling with subject as-built deck addition, as shown on the survey prepared by John C. Ehlers, L.S. surveyed on 05/05/98 and updated on 07/27/11 to show dimensions. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's July 8, 2011, updated March 7, 2012 Notice of Disapproval concerning "as built" deck addition to existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet, 2) less than the code required minimum rear yard setback of 50 feet. RELIEF REQUESTED: The applicant requests two area variances to maintain an as-built deck in a nonconforming location. The requested area variances are for; I) an approximate 16 foot front yard setback where the code requires 40 feet and, 2) an approximate 17 foot rear yard setback where the code requires 50 feet. ADDITIONAL INFORMATION: The application indicates that the subject as-built deck has existed for at least 30 years. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3 a June 21,2012 ZBA File#6568 -Greco CTM: 1000-121-4-19 The Zoning Board of Appeals held a public hearing on this application on June 7, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property 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)(1}. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Deck additions are characteristic of this unique lake front community and there was no evidence presented indicating that the subject as-built deck has caused or will cause a detriment to nearby properties. 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. Due to the pre-existing location of the dwelling and the unusual shape of the property, there are no feasible locations on this parcel where a deck addition may be proposed which would not require a setback variance. The subject deck exists in its nonconforming as-built location which facilitates an entrance to the dwelling through sliding glass doors. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 60% relief from the code required 40 foot Front Yard setback and 66% relief from the code required Rear Yard setback. However, these non-conformities are mitigated when considering the subject deck has existed in its as-built location for approximately 30 years without any evidence of detriment to this community. 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. The deck has existed in its current location without any evidence of adverse impacts 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created. The nonconforming configuration of the parcel along with the pre-existing nonconforming location of the dwelling has created the difficulty to propose additions to the dwelling which will not require an area variance. 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 an as-built deck addition in a nonconforming location, 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 variances as applied for, and shown on the survey prepared by John C. Ehlers, L.S. surveyed on 05/05/98 and updated on 07/27/11 to show dimensions. And the subject as-built deck plans entitled" As Built" Free Standing Deck 1983, prepared by Joseph Fischetti, P.E., Revised date 6/1/11. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 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 nonconformiiy Page 3 of 3 ~June 21, 2012 ZBfi, File#6568 - Greco Vote of the Board' Ayes: Members Weisman (Chairperson), Dinizio, Schneider, Homing. This Resolution was duly adopted (4-0). Member Goehringer was absent. Leslie Kanes Weisma!0, Chairj3erson Approved for filing ~O/~c"/2012 Lond no~ or FOrmerl~ ©~: Jose h T Formerlu: ~r ,_' Hocom ~ / / / ~,0 /o,/ GRAPHIC SCALE 1"= 40' ~OARD OF APPEALS L 5URVE'r' OF PROPERTY 51TUATE, NEAR 1,4ATTITUC, K TOINN OF 50UTHOLP .SUFFOLK OOUNT'f', N'Y' 5URV'E'T'EP ~lhd5 5HORN 0-/-2"7-11 SUFFOLK OOUNT'r' TAX ~ I000 - 121 - .4 - Iq TO: JUOITH NOTES= · MONUMENT POUNO 0 PIPE FOUNO At~J~A = 2~,.~58 SF 0~. 0.6'7 AC.P-.ES JOHN C. EHLERS [.AND SURVEYOR 6 EAST MALN STPGE. ET NY S LIC. NO 50202 FOR POURED CONC~RETE ROI]~I;I': FRAMING, ELECTRICAL~&.GA!.ILK NG ELECTRICAL /MUST SE COMPLETE FOR C O. ~ CONSTRUCTION SHAL[IMEET THE, I~IE~I~IREMENT$ OF THE CODES OF NEW ~(iO~tg STATE. NOT RESPONSIBLE FOI~ [~)ESIGN OR CON.RUCTION. ERRORS. S t¢I O II f-I'AT3- ~ ~(/~1..15 I//,-~"~ Il. Oil APR ~ 3 2012 ;tOARD OF APPEALS