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Home My WebLink About47919-Z �w�LTt% ��O�OS�FFOIy Town of Southold 7/17/2022 P.O.Box 1179 N r 53095 Main Rd W�'jtjOl �aoW Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 43270 Date: 7/17/2022 THIS CERTIFIES that the building SHED Location of Property: 1820 Stillwater Ave, Cutchogue SCTM#: 473889 Sec/Block/Lot: 103.-7-11 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 5/3/2022 pursuant to which Building Permit No. 47919 dated 6/6/2022 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"accessory shed as applied for per ZBA 47653, dated 4/21/2022. The certificate is issued to Mcgahan,Doug of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 0 Au orriature Q�guEF io k�oG TOWN OF SOUTHOLD BUILDING DEPARTMENT y TOWN CLERK'S OFFICE "oy 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#: 47919 Date: 6/6/2022 Permission is hereby granted to: Mcgahan, Doug PO BOX 602 Cutchogue, NY 11935 To: Legalize as-built accessory shed at existing single-family dwelling as applied for, and per ZBA#7653 approval with conditions. Additional certification may be required. At premises located at: 1820 Stillwater Ave, Cutchogue SCTM #473889 Sec/Block/Lot# 103.-7-11 Pursuant to application dated 5/3/2022 and approved by the Building Inspector. To expire on 12/6/2023. Fees: AS BUILT-ACCESSORY $315.20 CO-ACCESSORY BUILDING $50.00 Total: $365.20 Building Inspector qjjf so TOWN OF SOUTHOLD BUILDING DEPT. cou631-765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ rSULATION/CAULKING FRAMING /STRAPPING [ NAL ft [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] PRE C/O [ ] RENTAL REMARKS: DATE I -W7Ao--' INSPECTOR FIELD INSPECTION REPORT I DATE COMMENTS � b FOUNDATION(IST) -� y ------------------------------------ FOUNDATION (2ND) z � o d H ROUGH FRAMING& PLUMBING �y J • � O r INSULATION PER N.Y. y STATE ENERGY CODE � v FINAL ADDITIONAL COMMENTS -+aa 1 101 �o 1 Z rn t� O z x d b y ��`' TOWN OF SOUTHOLD—BUILDING DEPARTMENT N Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 ` Telephone-(631) 765-1802 Fax(631) 765-9502 . ;` Y Date Received 5��. _�f`l\i �' if �f ._. __:.J 0q11 For Office Use O y /L'� W PERMIT NO. 1 Building In ector: IC a U -�S MAY Applications and forms must be filled out in their entirety.Incomplete 0 2922 applications will not be accepted. Where the Applicant is not the owner,an _ WN �jEp�> ' Owner's Authorization form(Page 2)shall be completed. Date: 2 7-- OWNERS)OF PROPERTY: Name: �;)D\j O—k5 1v\ -tA A-H 16,N SCTM#1000- ( 0 Physical Address: �0 2�-d AvLz4JLIZ5 Phone#: (� l �' Lf�(� Email: Ad ' !4100 E CAM Mailing Address: P -0 .Q O?'c 6�,2, �iUTC 6f QC 0-'r, L CONTACT PERSON: Name: Mailing Address: Phone#: Email: DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: -� Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION pNew Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other 11 k VL $ Will the lot be re-graded? ❑Yes IVNo Will excess fill be removed from premises? ❑Yes iAo PROPERTY INFORMATION Existing use of property: 5( 6Q I 2 Intended use of property: Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to this property? ❑Yes CAido IF YES, PROVIDE A COPY. Ej The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code. 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,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(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By(pri n e): ❑Authorized Agent Idwner Signature of Applicant: Date: STATE OF NEW YORK) CONNIE D.BUNCH SS: Notary Public,State of New York No.01BU6185050 COUNTY OF Qualified in Suffolk County -Commission Expires April 1 a4,2 being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the Ak CCiri./f � (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 file this application;that all statements contained in this application are true to the best of his/her knowledge and belief;and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this l �JJ day of 1_eCQ_"'V L)" , 20 CD Notary Public (Where the applicant is not the owner) I, residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: December 14,2020 TO: Douglas McGahan 1820 Stillwater Ave. Cutchogue,NY 11935 Please take notice that your application dated December 2,20 For permit to legalize an"as built"accessory building at Location of property: 1820 Stillwater Ave., Cutcho u County Tax Map No. 1000—Section 103 Block 7 Lot 1 l Is returned herewith and disapproved on the following grounds: The"as built"accessory buildingis s not permitted pursuant to Article IV, Section 280-15 states that, on lots measuring;between 20,000 and 39,999 square feet in total size,the minimum required setback is 10 feet. The"as built" accessory shed is noted as being 6.1 feet from the property line. Q----------------------------- ------- Authorized Signature Cc: File,ZBA FORM NO. 3 TOWN OF.SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: December 14,2020 TO: Douglas McGahan e��liLU f: jb4W-ej �ba2- 1820 Stillwater Ave. Cutchogue,NY 11935 Please take notice that your application dated December 2,20 For permit to legalize an"as built"accessory building at Location of property: 1820 Stillwater Ave., Cutcho ug e,NY County Tax Map No. 1000—Section 103 Block 7 Lot 11 Is returned herewith and disapproved on the following grounds: The"as built"accessory buildingis's not permitted pursuant to Article IV, Section 280-15 states that, on lots measuring between 20,000 and 39,999 square feet in total size,the minimum required setback is 10 feet. The"as built"accessory shed is noted as being 6.1 feet from the propedy line. C............................. uthorizedSignature Cc: File,ZBA BOARD MEMBERS ®? soy Southold Town Hall Leslie Kanes Weisman,Chairperson � 53095 Main Road• P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: Town Annex/First Floor, Robert Lehnert,Jr. ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�� Southold,NY 11971 http://southoldtownny.gov nECEIVED ZONING BOARD OF APPEALS _ TOWN OF SOUTHOLD APR 2 8 2022 ��: �` � }rte,` Tel.(631) 765-1809 •Fax (631)765-9064 APR 2 ° 2022 Fl. NGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 21, 2022 Z E�A°F-I�,rpM, - T° T1At1VE OF�'A)'P)JICA`I�T: Douglas McGahan PROPERTY LOCATION: 1820 Stillwater Avenue, Cutchogue, NY SCTM: 1000-103-7-11 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 March 9,2022 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 subject, 39,956.33, (.917 acre), non-conforming, rectangular-shaped parcel, located in the R-40 Zoning District measures 193.00 feet along Stillwater Avenue, then runs west 205.48 feet,then runs south 192.97 feet and returns east208.64 feet. The property is improved with a two-story wood frame residence with covered front and rear porches, an attached 2-car garage, slate patio, asphalt driveway, a detached accessory garage and a small frame shed (subject of this application), as shown on the survey prepared by Nathan Taft Corwin, III, Licensed Land Surveyor and last revised November 19, 2020. BASIS OF APPLICATION: Request for a Variance from Article IV, Section 280-15; and the Building Inspector's February 17, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory building at; 1) located less than the code required minimum side yard setback of 10 feet; located at: 1820 Stillwater Avenue, Cutchogue,NY. SCTM No. 1000-103-7-11. RELIEF REQUESTED: The applicant requests a variance to legalize an `as built' shed measuring 12.6 feet by 8 feet with a 4 feet deep roof overhang/lean-to placed 6.1 feet from the northern lot line where the Code requires accessory structures to be set a minimum of 10 feet from the lot line. A Page 2,April 21,2022 #7653, McGahan SCTM No. 1000-103-7-11 ADDITIONAL INFORMATION• No member of the public or immediate neighbor spoke in favor of or against this application. The subject parcel is covered by the following Certificates of Occupancy: #Z-32055 dated December 6, 2006 Covering a single-family dwelling with attached two car garage,wrap around covered front porch and covered rear porch. #Z-31603 dated June 13, 2006 Covering an accessory two car garage as per ZBA#4489 The subject parcel is the beneficiary of Zoning Board of Appeals decision #4489 dated June 23, 1997 for a waiver of merger,thereby creating the lot. The applicant provided undated cross-section and foot-print plans, for the 12.6 feet by 8 feet `as built' storage shed with a 4 feet lean-to or roof overhang addition, as drawn by them (Douglas McGahan) and `stamped' by James J. Deerkoski,Licensed Professional Engineer. Prior to the public hearing the applicant stated he attempted to move the shed with roof overhang to a conforming location, thereby avoiding a variance request, and was not able to place it at its closest point greater than 10 feet from the northern lot line. The applicant successfully placed the shed at 10.1 feet, however, was afraid the `lean- to' or roof overhang would fall off, resulting in the shed actually measuring 6.1 feet from the northern lot line, thus requiring variance relief. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7, 2022 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. As a result of the terrain,the subject parcel and the accessory shed requiring variance relief is not visible from Stillwater Avenue. Additionally, while the immediate neighborhood consists of a variety of lot sizes, most of which are non-conforming, and houses developed over the last half century the shed is a common accessory to all homes in the immediate vicinity and its non-conforming location is virtually undiscernible. The shed itself is sited 10.1 feet from the property line; the 4 feet roof overhang/lean-to addition is 6.1 feet from the same property line. 2. Town Law 12267-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. The applicant attempted to properly relocate the shed to avoid a costly variance request and relocated the shed to a conforming 10 feet setback from the northern lot line, however, was unsuccessful in moving it further, out of fear that the `lean-to' addition of the roof overhang would fall off. 3. Town Law&267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 39%relief from the code. However,the shed is an accessory structure, and it is placed at 10.1 feet from the lot line; the `lean- to' roof overhang is not conforming. The overhang is open air and is used to maintain an area for dry outside storage. 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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Page 3,April 21,2022 #7653, McGahan SCTM No. 1000-103-7-11 5. Town Law X267-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 shed measuring 12.6 feet by 8 feet with lean-to roof overhang of 4 feet 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 Planamento, seconded by Member Dantes, and duly carried, to GRANT the variance as applied for, and shown on survey prepared by Nathan Taft Corwin, III, Licensed Land Surveyor and last revised November 19, 2020 and undated cross-section and foot-print plans, as drawn by Douglas McGahan, and `stamped' by James J. Deerkoski, Licensed Professional Engineer. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The `lean-to'/roof overhang portion of the accessory shed is to remain open sided and unenclosed. 2. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a building permit in the time allotted. 3. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s) and submit same to the Office of the Zoning Board of Appeals within 6 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and . void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. 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 badldingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)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. s' Page 4, April 21,2022 #7653, McGahan SCTM No. 1000-103-7-11 IMPORTANT TIME LIMITS ON THIS APPROVAL 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. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes, Acampora,Planamento and Lehnert. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing /2022 6L, IrO cb y � titi ?s , 4yF yp�r JF Y G •a Nt Gym. Off• a.• a ..a••. .4y•: '-.r•: C •�iG�/C,�. 'R. �A ,- :4 �w 22� � °•, � :, �:''••-. �� .:- . '�:• : map // � � CPQ S JI Cl u •. 13 IZ \ p. co ro .10 cp y � �° 2 p�G -a:••.: A�,-. ''°9•• . Oa 6ti v4 4 94 4 4 I SURVEY OF LOT 7 b ' MAP OF BIG GREEN ACRES s•._ � FILE No. 5757 FILED JULY 12, 1972 SIT UA TED A T CUTCHOGUE TOWN OF SOUTHOLD °� •o .�' SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 103-07- 11 SQ a JUNE 23, 2006 JUNE 24, 2018 LOCATE SHED NOVEMBER 19, 2020 UPDATE SHED LOCATION AS MOVED AREA = 39,956.33 sq. ft. y ` POND 11 p. . �• , 0.917 ac. 0 S.C.D.H.S. No. R10-97-0131 v. •' '.o. .w ,µ Y,. •' py oOq v > CERTIFIED T0: DOUGLAS W. McGAHAN • � .'` ,RFs ,. e�OG v v PV v. eVGG v s v / o LOT C1 SLATE t9 (9 0 ,, � ��, �o.�� ass ;`,o:. •@Gee:, `'� ,. . • '; • ❑ wA'x / / �O El Elo�•\ •' •.; _ . O J \l.A ��'c�p'�� \ '`' '• w. ••v' ..,.i FOo�vO / 17' / v� ,'v' // dry. •� .. �.v ♦ v' '• .. � �O?oc /// �s? • ' o'.: .`'' ,�o.,�•• •:�.. •g. .'• ' ' �°oO 0 / / fps` A• °9?° / � '•'' ' '•. .. � •• s� DO / Off. 1 P o ? r 49 •��, .` �� ..C'�:. .v•'• dry• ` ryy ? Pry . Ory' ). OD '°J, 11?0 S Lfi I/�,TOS yOy � F O/P / C9p O ss•4�.0 yGs oho �� . 90 Bldg Dept copy from ZBA O• qc <` G Final review �Iocuments ZBA FII ► (�J 3 z:60� / yCy �0' SLA ATI \?�2 �ov�Q� / s�• ,y0 ��o leo se�C L / 22 ® >/ -_� .�^Cl / msAcb / PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED..AND-.ADOPTED / O TITLE SASSOCIATION.UCH USE Y THE NEW"�YORK;STATE LAND eY � N.Y.S. Uc. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION .- TO THIS SURVEY IS A VIOLATION OF eo Nathan Taft Corwin ■ ' � 19 SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. O 9>, Gj COPIES OF THIS SURVEY MAP NOT BEARING Land Surveyor THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. S CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Y IS PREPARED, AND ON HIS BEHALF TO THE Joseph A. Ingegno L.S. TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND Title Surveys — Subdivisions — Site Plans — Construction Layout TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 26-2108 LVU _l�� Bldg Dept copy from ZBA ()f NF rs Itu- uj %. ID Nb IYI �keo cm COMPLY WITH ALL CODES OF �- z o o ? !EW YORK STATE & TOWN CODES OCCUI��i�� w z tu o J cr REQUIRED AND.CONDITIONS OF u w �; C im _ LWmW USE IS UNLAWFUL m > >. �. o z Z SOUTHOLD TOWN ZBA Z cr " �.w Z o Q wo a 'WITHOUT CERTIFICATE as a � v z �, u, U - SOUTHOLD TOWN PLANNING BOARD o m m o .,. oz o z = OF OCCUPANCY �. SOUTHOLD TOWN TRUSTEES 00 p Z z a c Z o � �� 7", ---� N:�,S.DEC _ 600O W t- U �? c y J 4 0 - Z W --__- a o � CC> > C 0 o Cr N Z Y RETAIN STORM WATER RE�NOFF . _ r W �- �, � i U_ ? LL o w �` PURSUANT TO CHAPTER 236 a w o o vi .4 o o J t,NEttiyO �� OF THE TOWN CODE. O LL , L N P' Lti L^\)�;�'gl. .✓s'yt".�' t ^` ,®•�U� }'t,4' ��.••° !3 c�k 61 r =� � 4 �A Lu 0T250'Z -lotP' i lr N E: .r L� Vr I