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HomeMy WebLinkAbout39520-ZTown of Southold P.O. Box 1179 53095 Main Rd Southold, New York 11971 CERTIFICATE OF OCCUPANCY No: 37602 Date: TRIS CERTIFIES that the building AS BUILT DECK Location of Property: 795 Bayview Dr, East Marion SCTM #: 473889 Sec/Block/Lot: 37.-1-19 6/11/2015 6/11/2015 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 1/22/2015 pursuant to which Building Permit No. 39520 dated 2/3/2015 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 AS APPLIED FOR PER ZBA DECISION #6809 DATED 01-08-2015 The certificate is issued to Knobloch, Michael & Knobloch, James of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Aut d Sign ure (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 39520 Date: 2/3/2015 Permission is hereby granted to: Knobloch, Michael & Knobloch, James 15 Etta PI Lynbrook, NY 11563 To: construct a deck addition "as built" per ZBA decision #6809 At premises located at: 795 Bayview Dr, East Marion SCTM # 473889 Sec/Block/Lot # 37.-1-19 Pursuant to application dated 1/22/2015 and approved by the Building Inspector. To expire on 8/4/2016.. Fees: AS BUILT - SINGLE FAMILY ADDITION/ALTERATION $460.00 CO - ADDITION TO DWELLING $50.00 Total: $510.00 Pa . Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT �o�SUFFnsi ' TOWN CLERK'S OFFICE o . 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 #: 39520 Date: 2/3/2015 Permission is hereby granted to: Knobloch, Michael & Knobloch, James 15 Etta PI Lynbrook, NY 11563 To: construct a deck addition "as built" per ZBA decision #6809 At premises located at: 795 Bayview Dr, East Marion SCTM # 473889 Sec/Block/Lot # 37.-1-19 Pursuant to application dated 1/22/2015 and approved by the Building Inspector. To expire on 8/4/2016.. Fees: AS BUILT - SINGLE FAMILY ADDITION/ALTERATION $460.00 CO - ADDITION TO DWELLING $50.00 Total: $510.00 Pa . 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. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of I% 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 $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 $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, Commercial $15.00 Date. cS' New Construction: Old or Pre-existing Building: ✓ 4e C.(check one) Location of Property: 9S te/ U ln;,o 10.3 .3 House No. ��/Street Hamlet Owner or Owners of Property: , /n-�S' /y 1, �j� Suffolk County Tax Map No 1000, Section 3_7 Block Lot Subdivision 2 Filed Map. Lot: Permit No. 3q 510 Date of Permit. Applicant: Health Dept. Approval: Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Final Certificate: Fee Submitted: $ TOWN OF-SOUTHOLD BUILDING, DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST: [ ] FOUNDATION 2ND [ ] FRAMING / STRAPPING [ ] FIREPLACE & CHIMNEY [ ] FIRE RESISTANT CONSTRUCTION [ ] ELECTRICAL (ROUGH) [ ] CODE VIOLATION [ ]ROU PLUMBING [ ] 1 ULATION [ FINAL [ ] FIRE SAFETY INSPECTION [ ]FIRE RESISTANT PENETRATION C l ELECTRICAL (FINAL) [ ]CAULKING REMARKS: L DATE 8 INSPECTOR J TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined Approved �j , 20 Disapproved a/LJc Expiration 20� BUILDING PERMIT APPLICATION CHECKLIST PERMIT NO. g9 Sa o HD FZ C Z- fw- DEP 0 HC Do you have or need the following, before applying? Board of Health 4 sets of Building Plans_ Planning Board approval Survey Check qOD A- 150 -t— -60 S� � I Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm -Water Assessment Form Contact: Mail to: i b r Phone: j ei ,5I (o, r030'? Building Inf APPLICATION FOR BUILDING PERMIT Date S� , 20 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 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 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 shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a 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 cod, d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. f -7gnature of applicafit or name, if a 7Y262 oration) v ��% -r % Ari r✓ (Mailing address of ap`pli nt) 1.V State'whether applicant is owner, lessee, agent, architect, engineer, general contracto a ectrician, plumber or builder DATE' iS B.P. # 09/s . �P ie Al BY �l f�i3'i-2S �� �r o�/v� r�OTIFY BUILDING DEPARTMENT AT Name of owner of premises 7FC �(�'1 n n w w (As on the tax roll or If applicant is a corporation, signature of duly authorized officer (Name and title of corporate, officer),? ; r, Builders License No. Plumbers License No. Electricians License No. '? iI € 'iI�.J` 1 �' T I" Other Trade's License No. ��,__ ry,4��1 Nr,� s�?��:�.17 Location of land on which proposed House Number Street County Tax Map No. 1000 Subdivision be done: T'9!!LB'-,V VG INSPECTIONS. 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE ?.. ROUGH - FRAMING, PLUMBING, STRAPPING, ELECTRICAL & CAULKING 3. INSULATION 4. FINAL - CONSTRUCTION & ELECTRICAL MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NElh1 YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ER ORS. i/ -, M s Hamlet Section Block J Filed Map No._ Lot 19 Lot 171 2. State existing use and occupancy of a. Existing use and occupancy. b. Intended use and occupancy and intended use and occupancy of proposed construction: Pt �f rA�'� ; '�-J 3. Nature of work (check which applicable): New Building Addition Alteration tib Repair Removal Demolition Other Work D51 CJ6'\ (Description) 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor HN C7 � !Kurt, at 6. If business, commercial or mixed occupancy, specify nure and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear. Height Number of Stories 8. Depth Dimensions of same structure with alterations --or additions: Front Rear Depth Height Number of Stories JAA..% Dimensions of entire new construction: Front Rear Depth Height Number of Stories 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 9, -- � I 1> 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO is 13. Will lot be re -graded? YES NO ill excess fill be removed from premises? YES NOL/ 14. Names of Owner of premises Address Phone No. /Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO C� * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE QUIRED. 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) SS: COUNTY OF ) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, GONNIE D. BUNCH (S)He is the Notary Public, State of New York (Contractor, Agent, Corporate Officer, etc.) NO. I Duv 1 `050 Qualified in Suffolk s 14, County01 Co fission Expires of said owner or owners, and is duly authorized to perform or have performed the said work 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 the manner set forth in the application filed therewith. Swornto afore me this Rday of W 20� ��b�c1 rv.-P tom. Notary Public FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: August 4, 2014 TO: James Knobloch 795 Bayview Drive East Marion, NY 11939 Please take notice that your application dated June 20, 2014 For permit for an "as built" deck addition to an existing single family dwelling at Location of property: 795 Bayview Drive, East Marion, NY County Tax Map No. 1000 - Section 37 Block 1 Lot 19 Is returned herewith and disapproved on the following grounds: The "as built" construction on this non -conforming 16,466 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII, Section 280-124, which states that, on lots measuring less than 20,000 square feet in total size, the minimum single side yard setback is 10 feet. Following the proposed construction, the dwelling has a single side yard setback of+/- 7.6 feet. Cc: File, ZBA Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 j JAN 15 2015 BLDG. DEPT. TOWN OF SOUTHOLD pF SO!/T�,O� ti O o �aQ AX �ounm, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 [NGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 8, 2015 ZBA FILE: 6809 NAME OF APPLICANT: James Knobloch PROPERTY LOCATION: 795. Bayview Drive, East Marion, NY SCTM#1000-37-1-19 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. 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 October 30, 2014 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: Subject parcel is non -conforming located in a R-40 zone and is improved ,with a 1 'h story single family dwelling with attached porch and deck. The parcel has 178.95 feet of frontage on Bayview Avenue, 92.76 feet on the east side, 131.00 feet on the eastern property line, 34.00 feet along the northern property line and 191.80 feet on the western side as shown on the site plan provided by Robert Brown Architect, dated June 17, 2014. BASIS OF APPLICATION Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 24, 2014 Notice of Disapproval based on an application for a building permit for an "as built " Deck addition to existing single family dwelling; at 1) less than the code required single side yard setback of 10 feet. RELIEF REQUESTED: The applicant requests a variance for a small unenclosed "as built" deck open to the sky, with a single side yard of 7.6 feet where the code requires 10 feet. The deck is approximately one step above normal grade. ADDITIONAL INFORMATION: The subject dwelling has both an attached porch and the subject deck. At the hearing the adjacent neighbor to the west explained to the Board that her own home is just. a few feet from the side yard she shares with the applicant and the new as built deck overlooks her bedroom window and has created a privacy and noise problem for her. Based upon this fact, the applicant agreed to erect a 6 foot high fence on his property along the shared property line to create a privacy and noise barrier in front of the neighbor's bedroom window and beyond. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: Page 2 of 3 —January 8, 2015 ZBA ,6809 — Knobloch SCT,M#1000-37-1-19 The Zoning Board of Appeals held a public hearing on this application on December 4, 2014 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 side yard variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entire subdivision consists of approximately 70 non -conforming improved lots with non -conforming setbacks. The majority of the homes in this area have decks and porches attached to their homes. The subject dwelling is sited in the center of the subdivision on a very irregularly shaped lot. It is this odd shape and the placement of the home on the property which creates the need for the relief requested. The as built deck is not visible to most of the street and is tucked in between the irregulay shape of the existing dwelling. 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 could move the deck to the technical rear of the home or create a conforming patio on grade.. However, the as built deck is primarily used for outdoor barbequing and there is no functional exit from the kitchen to the rear yard. Additionally, the applicant could cut the deck back to a conforming setback, but the applicant provided photos showing the location of the cement piers, which would be costly to remove. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 22% relief from the code. However, the applicant is willing to mitigate the privacy concerns of the neighbor with fencing since there is substantial shade along that property line and most vegetation that could provide privacy would not thrive and would be too large for the existing side yard location. . 4. Town Law $267-b(3)(.b)(4) No evidence has been submitted to suggest that a variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-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 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, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the site plan produced by Robert I. Brown, Architect dated June 17, 2014, information taken from a survey produced by Otto W. Van Tuyl and Son Land Surveyors, dated August 26, 1960 and Amended April 16, 1979. Subject to the following conditions; CONDITIONS: 1. The applicant/owners of the subject property shall construct 6 foot high fencing or plant evergreen screening which shall be a minimum of 5 to 6 feet in height, between their as built open deck and their westerly property line. 2. This screening must be completed by June 15, 2015, and inspected by the Board to determine that the screening installed is of adequate length along the westerly property line to create visual privacy from the adjacent neighbor's bedroom window and the subject open deck. Page 3 of 3 — January 8, 2015 ZBAN6809 — Knobloch SCTM41000-37-1-19 3. If evergreen screening is chosen, it must be continuously maintained or replaced. 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 buildingpermit, 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 andlor 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 nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer. This Resolution was duly adopted (5-0). 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SROU (INVOI-IddV 3HL AS GHIT WOD 39 01) Z2121HS xHOM JLN2l 2l9VNVl/V UHIVAIURIOIS - 91T1MZdVHD pl o ill n os fio umo� ro.o 1L611 xuok MSN'a-iomrios - PLou umN s6oEs tL 6L11 Xog'O'd TlVH mmol a ioiunoS ��[IKT ['9V IN-L\VIKT ? �' 0 HoSIAxaans JL �IlossnM •V 4loos /,,,.Q 0 � . - Z?L/� 0 Y,16) 0 * , I NI y'? BLD. P, -re 977 z &D v TOWN OF SOUTHOLD PROPERTY RECORD CAR® 3 7 n b la --�rdZd, OWNER STREET VILLAGE JW- 4- DIST. SUB. LOT L OR ER OWNER N E ACR. NAJ S W TYPE OF BUILDING SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS /,,,.Q 0 � . - Z?L/� 0 Y,16) 0 * , I NI y'? BLD. P, -re 977 z &D v 7MIAL' n b la --�rdZd, JW- 4- L Zsr -6 0a -1 4 ij 4 d , AGE BUILDING CONDITION )<6 NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Z 7� Meadowland DEPTH Hou f.1 -P BULKHEAD Total DOCK •Joolj PU swoo•j ••• U01109jow, • •• f • •_ • . • • SIIDm •• i ■'. ' L F'.. 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BC" `+_.EAq `D9 A"N3fLa s x 205 BAY AVENUE IN:��;b:C PEDANCE r GREENPORT, N.Y. 1 1944 UN fl 7 2014 G31-477-9752 (Fax) G31-477-0973 S63o J 30, LOT 88 \ W \ O \ N p \ \ LOT 92 \ 2 FC9 N� \ I� \ I-1/2 N AS BUILT STORY I o DECK FRAME I m HOUSE PDXIMP-�E I PP \ 1 1 PORCH I LOT 9 1 \ I \• I \ IN BASED ON: MAP OF LAND SURVEYED FOR' ry' / fi CHARLES -L. JEAN E. WESTENBERG AT EAST MARION o' \ „ate't,32 O�Q 0P0 TOWN OF SOUTHOLD, N.Y. as `/��s BY: OlTO W. VAN TUYL SON LAND SURVEYORS ON AUG. 2G, 1 9G0 AMENDED APRIL I G, 1979 a >n a s z i d F S I T E P L A21- N zz SCALE : 1 " = 30'-0" � ,' n w l— P:VC POST * HANDRAIL. DECK ST KU CT U RE SCALE: 1/2"= P-0" AS BUILT 4 'j Ste' A LiiOL 1010 ~; O� THE 3..;; it i O ji rs'+s'Y '-RSON, ,S�tiEl :'I,` _ES!; ACTING UNDER THE cry f �avj OFA L t�'E�JI�BED � � , 8 0 ri t EC �-.' 2%, �t ALT'v% �O -77- LEDGER WITH CARRAGE� BOLTS (2"x8") TECO'D Bldg Dept co from BA Final reviewe documents ZBA File # 2R@8" KNOBLOCH i'qo OG/ 17/2014. KOBEKT I. BROWN ARCHITECT, P.C. WI FAIKWEATHEK DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. 1 1944 "j; t —1 7 90,,;A G31-477-9752 (Fax) G31-477-0973