Town of Oyster Bay Zoning (Brewster: real estate, attorneys, home) - Long Island - New York (NY) - City-Data Forum

DJOR · 10-31-2013, 01:51 PM

I applied for a CO for my home that has been owned by my family since 1970. I can not find a Certificate of Occupancy and have had to file for one. I had to have a survey and achitectural drawings done. My home was built in 1946 and a detached cinderblock garage was added in 1950. They survey shows that the garage is 1.5 feet from a fence between my and my neighbor's property. The town is going to make me apply for a variance. Not only will this cost more money than I have already had to spend, some say it takes months to get a hearing. All this came up when trying to sell the house. Any advice or input -- anyone else been through this?

Montie Brewster · 11-05-2013, 06:33 AM

Quote:

Originally Posted by DJOR

I applied for a CO for my home that has been owned by my family since 1970. I can not find a Certificate of Occupancy and have had to file for one. I had to have a survey and achitectural drawings done. My home was built in 1946 and a detached cinderblock garage was added in 1950. They survey shows that the garage is 1.5 feet from a fence between my and my neighbor's property. The town is going to make me apply for a variance. Not only will this cost more money than I have already had to spend, some say it takes months to get a hearing. All this came up when trying to sell the house. Any advice or input -- anyone else been through this?

You (or your family) should have gotten the CO when they closed.

I would call a reputable attorney who specializes in real estate closings..what does your current attorney say?? The fact that you came here for answers raises a red flag on him/her...

longislander2 · 11-05-2013, 09:30 AM

Quote:

Originally Posted by Montie Brewster

You (or your family) should have gotten the CO when they closed.

I would call a reputable attorney who specializes in real estate closings..what does your current attorney say?? The fact that you came here for answers raises a red flag on him/her...

I'm not sure it's fair to criticize the OP for something that happened back in 1970. There are cases like these all over Long Island. And there are plenty of attorneys still willing to look the other way. My guess is that the buyers or their attorney are insisting that the CO/variance be obtained before the sale. The seller's attorney should know the length of time it should take, unless he/she is not familiar with Oyster Bay Town. In that case, the seller should pay a visit to the Town building department and ask people there how long it might take. I've found a lot of public employees can be very helpful if you go there with a smile and ask these questions face-to-face.

Montie Brewster · 11-05-2013, 09:53 AM

Quote:

Originally Posted by longislander2

I'm not sure it's fair to criticize the OP for something that happened back in 1970. There are cases like these all over Long Island. And there are plenty of attorneys still willing to look the other way. My guess is that the buyers or their attorney are insisting that the CO/variance be obtained before the sale. The seller's attorney should know the length of time it should take, unless he/she is not familiar with Oyster Bay Town. In that case, the seller should pay a visit to the Town building department and ask people there how long it might take. I've found a lot of public employees can be very helpful if you go there with a smile and ask these questions face-to-face.

I'm not criticizing the OP. The OP/seller's attorney should know how to handle this better than anyone here.