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HomeMy WebLinkAbout37559-ZTown of Southold Annex P.O. Box 1179 54375 Main Road Southold, New York 11971 CERTIFICATE OF OCCUPANCY 11/7/2012 No: 36039 Date: 11/7/2012 THIS CERTIFIES that the building DECK Location of Property: 2085 Bray Ave, Laurel, SCTM #: 473889 Sec/Block/Lot: 126.-8-15 Subdivision: Filed Map No. conforms substantially to the Application for Building Permit heretofore 9/28/2012 pursuant to which Building Permit No. Lot No. filed in this officed dated 37559 dated 10/4/2012 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: deck addition to an existing one family dwelling as applied for per ZBA #6586, dated 9/20/12. The certificate is issued to Zahra Constance R Rev Trust (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED yt~Otl. )61gnature 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 #: 37559 Date: 10/4/2012 Permission is hereby granted to: Zahra Constance R Rev Trust 2085 Bray Ave PO BOX 262 Laurel, NY 11948 To: construct a deck addition to an existing dwelling per ZBA #6586 as applied for At premises located at: 2085 Bray Ave, Laurel SCTM # 473889 Sec/Block/Lot # 126.-8-15 Pursuant to application dated To expire on 4/5/2014. Fees: 9/28/2012 and approved by the Building Inspector. SINGLE FAMILY DWELLING - ADDITION OR ALTERATION CO - ADDITION TO DWELLING Total: $320.00 $50.00 $370.00 Building Inspector Form No. 6 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWH HALL 765-1802 APPLICATION FOR CERTIFICATE OF occUPANcy This application mu~t be filled in by typewriter or ink and submitted to the Building Department with the following: ~ For new buildkng or new use: 1. Final surv%' of ProPertY with.acer/rate location of all buildings, propeay line~, streets, and unusual naturat or . topographic feature. 2. Final Approval from Health D.ept. of water supply and sewerage-disposal (8-9 fermi. 3-. Approval of electrical installation from Board 6 f Fire Underwriters. ~ · 4. 'Sw. om statement from plum .her certifying that tho ~older t~ed in w/stem eontair, s le~s than 2/10 of 1% lead.. 5. Commercial building, industrial building, mtiltipte residences and similar buildings and installations, a certificate of Code Compliaac~'from architect or engineer respon~,4ble for the building: 6. Submit planning Board Approval of completed site plan requirements. B. F~r exis ting bui~di~gs (pri~r t~ Apri~ ~ ~957} ~n~c~nf~rming us~ ~r bul~dings a~d "pre~e~isti~g~ ~d uses` 1. Accurate survey of property showing all property lines, streets, building and. unusuM natural or topographic features. ' 2. A properly c4~mpleted application and consent to in,peet 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. Certificaie of Occupancy - New dwelling $50.00, Additions to dwelling $$0.00, Alterations to dwelling $50_00, Swimmir~g po91 $50.00, Accezsory building $$0.00, Additions to accessory building $50.00, Businesses $50.00~. 2. Certificate of Occupancy on Pre--~xisting Building - $100.00 3. Copy of Certificate of Occupancy - $::25 4. Updated Certificate ofOc. cupancy - $50.00 5. Temporary Certificate Of Occupancy - Residential $15-00, Commercial $15 00 Old or Pre-existing Building:. ' Street Dept AOproval: 'lannillg Board Approval: .equest for: Temporary Certificate. oe Submitted: 5 ~5'-~ , ~,~ Date. /0' /"/- /~._ (check one) Hamlet : aieek · Fried Map. Lot: Undetwritcr~ Approval: Final Certificate: ~~(check One) A~N~llca"~"']~l Siena~m~e TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION FOUNDATION 1ST FOUNDATION 2ND FRAMING / STRAPPING FIREPLACE & CHIMNEY [ ] ROUGH PLBG. [ ] INSULATION [ ] FINAL [ ] 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 [ ]FOUNDATION 2ND [ ]FRAMING / STRAPPING ROUG~BG. ]~ISU LATION FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) REMARKS: [ ] ELECTRICAL (FINAL) DATE/~///~ Y // TOWN OF SOUTHOLD BUILDING DE,~AR]~MENT TOWN HALL SOUTHOLD; NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined Approved Disapproved a/c Expiration q[5~. 20 lc/ ~UILD1NG PERMIT APPLICATION CHECKLIST you have or need the following, before applying? Plying Board approval Survey PERMIT NO. ,Y 7U~5-~ Check JUN -8 2012 BI DG DEN. Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Mail to: Phone: ! Building Inspector APPLICATION FOR BUILDING PERMIT Date (') INSTRUCTIONS a. This application MUST be completely tilled in by typewriter or itt ink and submitted to the Building Inspector with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot platt sbowing location oF lot and of buildings 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 Ibis 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 occnpied or used in wbole 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 witbin 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 sball 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 Sonthold, 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 witb all applicable laws, ordinances, building code, housing code, and regulations, and to admit autborized inspectors on premises and in building for necessary inspections. - iS~nhttir~ of applicant or.~m~,'ifa~oration) - (Mailing addreSs-of'applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises C,~nz~c/,~o~e- .~a ~t/'a2 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Natne and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Nurhbc~ ' ~ - S~ee~ ' (/ Hamlet County Tax Map No. 1000 Section I c~ (re Block ~' Lot 1% Subdivision Filed Map No. Lot State existing use and a. Existing use and occupancy occupancy of premises and intended use and occupancy of proposed construction: b. Intended use and occupancy ,SFLFf/~ 3. Nature of work (check which applic%ble): New Building Repair Removal k/ Demolition 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars Additiou b-'/ Alteration Other Work (Description) (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. O Dimensions existing structures, any: Front Rear Depth of if Height. Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth. Height Number of Stories ) Dimensions of entire new construction: Front Rear Depth Height Number of Stories  Size of lot: Front Rear 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 Phoue No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY B~E R~EQUIRED. b. Is this property within 300 feet of a 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 __ NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) couNTY oFSO¢ ~,~_OY'rq~Q'f~l~.J~ ~/-~ C~ being duly sworn, deposes and says tl~at (s)he is tbe applicant ~ame 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 tile 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 the manner set forth in the application filed therewith. Sworn t~before me this ,-,--, day of ,,,Jlrf Notary Public / . .~O.~l TOTH . . No. 01106190696 0ualified in Suffolk County ,/' - Commissiop, Expires tul¥ ?8, 20 [~/~__ Signature of Ap,~i~:ant FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 14, 2012 TO: Constance Zahra P O Box 262 Laurel, NY 11948 Please take notice that your application dated June 8, 2012: For permit for an "as built" deck addition to existing single family dwelling at: Location of property: 2085 Bray Ave., Laurel, NY County Tax Map No. 1000 - Section 126 Block 8 Lot 15 Is returned herewith and disapproved on the following grounds: The "as built" deck addition to the existing single family dwelling, on a non-conforming 11,381 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a rear yard setback of 35 feet, the deck addition is shown at 22.8+/- feet. Also, per Section 280-124, the required lot coverage amount is 20%. The site plan dated May 13, 2012 indicates the lot coverage total is 25%. ~thorized ~gnature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: ~e, Z.B.A. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall J( 53095 Main Road · P.O. 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 ITel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 20, 2012 ZBA FILE 6586 NAME OF APPLICANT: Constance Zahra PROPERTY LOCATION: 2085 Bray Avenue Laurel, NY. SCTM#1000-126-8-15 SEORA 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. 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: Subject property contains 11,381.8 sq. ft. and is located in a R40 zone district. It is improved with a one-story single family dwelling. It has 100.00 feet of frontage on Bray Avenue, 122.23 feet along the northern property line, 101.40 feet along the eastern property line and 105.41 along the southern property line as shown on the site plan by MCH Design Services, stamped by James J. Deerkoski, PE dated May 13, 2012. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 14, 2012 Notice of Disapproval based on an application for building permit for demolition of"as built" deck addition and reconstruction of same to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet, 2) lot coverage at more than the code permitted 20%. RELIEF REQUESTED: The applicant is requesting variance relief for the reconstruction of an "as built" rear deck with a rear yard setback of 22.8 feet where the code requires 35 feet and lot coverage of 25% where the code permits a maximum of 20%. ADDITIONAL INFORMATION: At the hearing the applicant and her contractor were asked why the deck could not be reduced in size to be more conforming with the code. The contractor informed the Board that the size of the deck was needed by the applicant to accommodate table, chairs and an umbrella, and the deck has been in existence for over 30 years without any negative impact. It was also noted that the irregular angle of the rear property line added to the hardship of being more conforming. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 2 of 3 September 20, 2012 ZBA File#6586 - Zahra CTM: 1000-126-8-15 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. The neighborhood consists of many non-conforming lots with houses that pre-date zoning. The deck is not visible from the main road and subject property is well screened from adjoining neighbors by trees and vegetation. The deck has existed with a non-conforming rear yard setback for many years without adverse impact to the adjoining neighbor. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can reduce the depth of the deck, thereby increasing the rear yard setback, and lot coverage. 3. Town Law §267-b{3){b){3}. The variances granted herein is mathematically substantial, representing 35% relief for the rear yard setback and 25% relief for the lot coverage requested. However, due to the configuration of the lot and the pre-existing location of the dwelling, there will be little to no change in the existing conditions on the property. 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 a new rear 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 Goehringer Acting Chairperson, seconded by Member Dinizio, and duly carried, to GRANT, as applied for, and shown on the site plan by MCH Design Services, stamped by James J. Deerkoski, PE dated May 13, 2012. CONDITION: 1. The rear deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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, setback~ and other features as are expressly addressed in this action. Page 3 of 3 - September 20, 2012 ZBA File#6586 - Zahra The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Acting Chairperson Goehringer, Dinizio, Horning. Absent was Chairperson }Feisman and Member Schneider. This Resolution was duly adopted (3-0}. 80~RD OF A EXISTING 1 STORY HOUSE ~ EXISTIN~ PORCH 17oo S~ 20046'50'. W ~00.000~ D~WN BY: MH SCALE: (SEE P~N) ~ ~ SHEET NO: 20' O~ 25-8" I EXISTING POSTSONB"~i~CO~C EX6X6 EX(2) 2X8 ~ tJ~L 19 ~OiZ J'-- N PIER, 3' BELOW GRADE GIRDER GIRDER RD OF APPEALS ~ EX 4X4' ~ BOA~ OF APP~LS EX. CON~ ~ ~ ADD ST~P~G / ANCHQRS ~ ~ AS RE~UIRED BYCQDE CROSS S IOS SC~k~: 1/4"= 1'-0" DRAWN BY: MH .... May 13, 2012 , SHEET NO: ~(I~T~N~ SCALE: 118" = 1'-0" REPLACE CONCRETE BLOCKS = ON GRADE WITH 4X4 ACQ O STI N G POSTS ON PIER, 3' BELOW GRADE GIRDER GIRDER ~ EX 4X4~ 7 PiER (VIF) ", ~ ~ ADD ST~PP~NG / ANCHORS ~ 20' WIDE X tS' DEEP AS-BUILT DECK EXISTING 1 STORY HOUSE EXISTING PORCH DRIVEWAY N 20°46'50'' W 1OO.OOO' B RAY AVE N U E PANCY OR iS UNLAWFL,~.. ~ ~UILDING DEPARTMENT AT ~2 8 AM TO 4 PM FOR THE ~o~VING INSPECTIONS: ~ ¢OUNDAT~ON - T~ REQUIRED ¢O~ POURED CONCRETE ' ~ ' [ : '-', 1 z :3UGH-FRAMING, PLUMBiNG, ~ i ! ~ ~,*P NG ELECTRICAL & CAULKING . ~ ! ~ INSULATION I i¢ , , qTTF PI AN , FINAL-CONSTRUCTION&ELECTRICAL I C JJL ' U v.m.m~._.~ mw II ! MUSTBECOMPLE~F~C.O. m , ~ , SCAL=. 1,, -- ~n' n' ALLCONST~UCTIONSHALLME~E m ~ L J ~' & -- ~-M RFQutREMENTSOFTHECODESOFNEW J ~ ,, ~' ". ~"; YORK STATE. NOT ~NSIB~ F~ jI ~ ..... : ' "- ~''' ~ _ DESIGN OR CONSmUCTION ERRORS M ~ H Design Services (631) 29&2250 mlchaelOmch~slgnsmvtces,com DRAWN BY: MH Hay 13, 2012 SCALE: (SEE PLAN SHEET NO: ' M C H : i (631 ) 298-2250 i ~ ~oo~ : ~ FOUNDATION PLAN EXISTING ~ POSTS ON 8"dia CONC. EX6X6 EX (2) 2xsH PIER, 3 BE,LOW GRADE GIP.,[~E~ ~IRDER II > ,,_,.. ..~ r ~ ( ADD STRAPPING / ANCHORS ~ ~ AS REQUIRED BY CODE .~ / CROSS SF:CI'ION SCALF: 1/4"= 1'-0" D~WN BY: HH 1 ~ ~,~,,~ ~~ SHEETNO: