Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I recently purchased a home in the town of hempstead. We wanted a fence installed which would need a variance so I started the process myself with an application for permit. 2 months later I got a letter stating I need a permit for a shed, outside entrance to basement (original to home 1940) and a porch which was enclosed (back in 1950/1960). The shed I am going to remove as it is junk. So that is not an issue. The porch I understand but how would I know if it was done during a time when a permit might not have been needed? You can tell its age by the way its built (almost as old as 1940 home). And then the most outrageous to me is the outside entrance which is an original staircase with a bilco door on top. Can anyone help me understand if anything is "grandfathered in" or the process to fight needing a permit for these very old most probably original structures?
Welcome to the wonderful world of Long Island. I can't speak to the Town of Hempstead but in North Hempstead I applied to install a fence about 4 years ago and the same thing happened to me for an a/c unit that was there when we closed. The wind up was a very expensive permit process with penalties.
These things should have come up on your title search report and your attorney and/or title search company should have picked it up. In my case, each blamed the other and I was out of luck. Essentially, it boils down to they used to look the other way with stuff like this, today they need the $$ so, if you want to make any other improvements you will need to correct these first. What is the bigger problem is that it must be brought up to 2014 codes. IF, in fact they were original to the house all you will need is the original survey to prove that. If not, you may have a lot of work ahead of you. Grandfathered in is not phrase the towns generally know. As I said, I was in TNH but Hempstead is not much better.Good Luck.
Will the town have the original survey? I have the new one and they performed a "search" for me which only showed 1940 garage "detached" and the house with a permit number listed. Where and how can I pull that permit number to see plans of original home and whatnot.
Hate to be a wimp after all the insane battles I had with them but I'd say the easiest is use the new survey, add the porch and basement door as "existing structures" and pay the fees. It's a simple money grab from them as there is likely no concern of electrical or plumbing code issues. Yes it's extortion but you only have to do it/pay it once and get them out of your hair. I did my fence (DIRECT replacement on same line) and had to get a variance for the fence, the shed and a permit for the portico in front that was never permitted. It was a nightmare. Now that it's all done I sleep better not because I'm to code and safer (ha ha), but because I know the dimwitted code inspector jagoff has nothing on me so he can go pound sand.
The town will require a drawing for the items to be maintained, but they do not have to be drawn in detail as if it was to be constructed now. If the "cost of construction" is less than a certain dollar amount, they do not need to have a "seal" on them so they can be drawn by anyone. Take pictures also.
You can take that search you had done and look at the original house plans on microfilm. You can do that in the building department at the 2nd floor of Town Hall. You just enter the old permit number into a computer and you can view whatever they have on the microfilm.
If the plans show the outside entrance or the porch, then you don't need to get permits for them, just show them that the original plan shows it, and you are done...
I think it used to be $10,000 but I'd have to call to confirm. I would not go by todays cost of construction either. Again would have to confirm with Buildings. You can call and ask them at 516-538-8500. They can be helpful if you catch the right person at the right time. It is a full moon though so odds are against you....
I recently purchased a home in the town of hempstead. We wanted a fence installed which would need a variance so I started the process myself with an application for permit. 2 months later I got a letter stating I need a permit for a shed, outside entrance to basement (original to home 1940) and a porch which was enclosed (back in 1950/1960). The shed I am going to remove as it is junk. So that is not an issue. The porch I understand but how would I know if it was done during a time when a permit might not have been needed? You can tell its age by the way its built (almost as old as 1940 home). And then the most outrageous to me is the outside entrance which is an original staircase with a bilco door on top. Can anyone help me understand if anything is "grandfathered in" or the process to fight needing a permit for these very old most probably original structures?
First time poster but I think this info might help.
I just finished up in court with the town of oyster bay. Althoughy it took a few visits to the courthouse in hempstead it was worth it. I found out during my trial,yes in oyster bay the code violations are classified as misdomeanors so you are entitiled to a jury trial, that the town had to prove I had actually installed the items they claimed I had no permits for. Its not good enough for them to say theres a shed on your property, they have to prove you installed it. In my case they had to dismiss their charges during the trial. they originally charged me with three violations. two were dismissed and I was found not guilty of my fence causing a traffic obstruction by the jury. I suggest you read the codes you are being accused of violating. The truth is the jury members all hated the town. The town attorneys have no skill at prosecuting a criminal case as most people just pay. The bottom line is if you think your innocent plead not guilty. They can't increase the fine or permit fee's if you lose. The town will not be fair and honest with you. good luck.
First time poster but I think this info might help.
I just finished up in court with the town of oyster bay. Althoughy it took a few visits to the courthouse in hempstead it was worth it. I found out during my trial,yes in oyster bay the code violations are classified as misdomeanors so you are entitiled to a jury trial, that the town had to prove I had actually installed the items they claimed I had no permits for. Its not good enough for them to say theres a shed on your property, they have to prove you installed it. In my case they had to dismiss their charges during the trial. they originally charged me with three violations. two were dismissed and I was found not guilty of my fence causing a traffic obstruction by the jury. I suggest you read the codes you are being accused of violating. The truth is the jury members all hated the town. The town attorneys have no skill at prosecuting a criminal case as most people just pay. The bottom line is if you think your innocent plead not guilty. They can't increase the fine or permit fee's if you lose. The town will not be fair and honest with you. good luck.
Wow. Who would ever have thought that I would be giving kudos to the TNH. Really TOB logging up Supreme Court for a code violation!!! Beyond Absurd.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
hope this helps
