HomeMy WebLinkAbout48405-Z 0 �1yff0ik�, Town of Southold
�o�� � o 12/20/2022
o r' 0 P.O.Box 1179.
53095 Main Rd
Southold,New York 11971
CERTIFICATE OF OCCUPANCY
No: 43701 Date: 12/20/2022
THIS CERTIFIES that the building DECK
Location of Property: 21125 CR 48, Cutchogue
SCTM#: 473889 Sec/Block/Lot: 96.-1-7
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed'in this office dated
9/1/2022 pursuant to which Building Permit No. 48405 dated 10/14/2022
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"deck addition to existing single family dwelling as applied for per ZBA#7666 dated 8/18/2022
The certificate is issued to Ketcham,Matthew
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
I
Author' e S gna je
;ffa� 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#: 48405 Date: 10/14/2022
Permission is hereby granted to:
Ketcham, Matthew
770 Harvest Ln
Mattituck, NY 11952
To: Legalize an,as built deck addition to an existing single family dwelling as applied for per
ZBA approval #7666.
At premises located at:
21125 CR 48, Cutchogue
SCTM #473889
Sec/Block/Lot# 96.-1-7
Pursuant to application dated 9/1/2022 and approved by the Building Inspector.
To expire on 4/14/2024.
Fees:
AS BUILT- SINGLE FAMILY ADDITION/ALTERATION $484.80
CERTIFICATE OF OCCUPANCY $50.00
Total: $534.80
Building Inspector
OF SOUI,folo
# * TOWN OF SOUTHOLD BUILDING DEPT.
�ycouHr+, 631-765-1802 a V,
INSPECTION
[ ] FOUNDATION 1ST [ ] ROUGH PLBG.
[ ] FOUNDATION 2ND [ ] INSULATION/CAULKING
[ ] FRAMING /STRAPPING [ !'/FINAL
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL)
[ ] CODE VIOLATION [ ] PRE C/O [ ] RENTAL
REMARKS: IV
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DATE INSPECTOR r
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Martin A. Passante Architect
Lic. In N.Y., N.J., CT, MA,AZ, IN, IL, KT,VA,WV, DC, PA
December 5,2022
Town of Southold
53095 Route 25
Southold,New York
Att: To Whom it May Concern
Re:- 21125 Middle Rd Cuthcogue,New York
Please accept this letter as certification that the above referenced dwelling(Deck),that the
footings & strapping were all completed as per the approved drawings and the 2020
Ne ential Building code
A.PASSjTf�
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178 Bayview Ave. Northport, N.Y. (631)747-1114 Fax (631)532-1315
FIELD INSPECTION REPORT DATE COMMENTS
FOUNDATION(1ST)
--------------------------------
FOUNDATION (2ND)
ROUGH FRAMING&
PLUMBING
ti
INSULATION PER N.Y.
STATE ENERGY CODE
est S Zwj;�ol,
FINAL
ADDITIONAL COMMENTS
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TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
h
Telephone 631 765-1802 Fax 631 765-9502 https://www.southoldtownily.gov
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only �� E,
�' 11
PERMIT NO. �� Building Inspector:�� � � ! +�
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,an r =� ir�,�'_ w° ,} v r
Owners Authoriiation'form(Page 2)shall be completed.
Date:
1 �,� boa-`�- SEP - 1 2022
OWNER(S)OF PROPERTY_
Name: [S7�T!�#1000-
Project Address:
000-ProjectAddress: ---
Phone#: Email:
Mailing Address:
CONTACT PERSON:
Name:
Mailing Address:
Phone#: Email:
DESIGN PROFESSIONAL INFORMATION:
Name:---
0\f1
-- '—n— '—-
(k-4i_e - ----- -
Mailing Address:
Phone#: --� ----- --/-7---����-------- - Email:
CONTRACTOR INFORMATION:
Name:
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONS CTION
❑New Structure ❑Addition VAlteration ❑Repair ❑Demolition Estimated Cost of Project:
❑Other $ 73/000
Will the lot be re-graded? ❑Yes W40 Will excess fill be removed from premises? ❑Yes o
1
= PROPERTY INFORMATION
Existing use of property: �.�(\ Intended use of property: 'Nf4 1
Zone or use di rict in which premises is situated: Are there any covenants d restrictions with respect to
this property? ❑Yes o IF YES, PROVIDE A COPY._
The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by, ,y
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 ot,Regulations,for the construction of buildings,
additioes,•alterations or for removal or demolition as herein described.TRe 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(print name): hA,�k -- ��1nAM ❑Authorized Agent Owner
Signature of Applicant: Date: a-
STATE OF NEW YORK)
S•
COUNTY OF S )
KKhcw being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)heisthe O nc,i2
(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
a��!—?dayof 20 a01— aLQ i xg� A Public
TRACEY L. DWYER
NOTARY PUBLIC,STATE OF NEW YORK
NO.01 DW6306900
PROPERTY Y OWNER AUTHOMZA ION QUALIFIED IN SUFFOLK COUNTY
(Where the applicant is not the owner) COMMISSION EXPIRES JUNE30,204-Lq
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
2
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: February 18, 2022
TO: Matthew Ketcham
770 Harvest Lane
Mattituck,NY 11952
Please take notice that your application dated January 25, 2022:
For permit to: legalize an as-built deck addition to an existing single-family dwelling at:
Location of property: 21125 County Road 48, Cutchogue
County Tax Map No. 1000 - Section 96 Block 1 Lot 7
Is returned herewith and disapproved on the following grounds:
The deck construction, on this nonconforming 9,434 sq. ft. lot in the R-40 District, is not
permitted pursuant to Article XXIII Section 280-124 which states: lots measuring less
than 20,000 square feet in total size require a minimum front yard setback of 35 feet.
The plan shows the front yard setback to be-32'-10".
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
CC: file,Z.B.A.
BOARD MEMBERS , Southold Town Hall
Leslie Kan(k Weisislan,Chairperson ,N;a �`�� 53095 Main Road P.O. Box 1179
c Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes
Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento � *�`� Southol ed
http://southoldtownny.gov
,a 2022
ZONING BOARD OF APPEALS
c TOWN OF SOUTHOLD
M( �ILI Tel.(631) 76S-1809 • Fax (631) 765-9064 own ���
' -NDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 18, 2022
C�C_DEFT
NAME OF APPLICANT: Matthew Ketcham
PROPERTY LOCATION: 21125 County Road 48, Cutchogue, NY 11935 SCTM: 1000-96-1-7
SEQRA 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 April 1, 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,non-conforming, 9,434 square feet, .25 acre rectangular-shaped
parcel located in the R40 Zoning District measures 67.70 feet along Middle Road, a.k.a. County Road 48, a.k.a.
North Road, then runs north 140.00 feet along a residentially developed lot to the east, then runs west 66.88 feet
along a residentially developed lot to the north, then returns 140.00 feet along a third residentially developed lot to .
the west. The subject parcel is improved with a single family, one-story residence with front and rear entries as
shown on the survey prepared by Joseph A. Ingegno, Land Surveyor and dated January 22, 1999.
BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124; and the Building
Inspector's February 18,2022 Notice of Disapproval based on an application for a permit to legalize an as-built deck
addition to an existing single-family dwelling; at; 1) located less than the code required minimum front yard setback
of 35 feet; located at: 21125 County Road 48, Cutchogue, NY. SCTM No. 1000-96-1-7.
RELIEF REQUESTED: The applicant requests a variance to legalize an `as built' front deck entry with steps and,
railing measuring 17.8 feet by 5.4 feet with a front yard setback of 32.10 feet where the code requires such
improvements to have a minimum front yard setback of 35 feet.
ADDITIONAL INFORMATION: The applicant provided an undated site plan, floor plan, elevation and section for
the `as built' improvement, labeled A-1, prepared by Martin A. Passante, Architect. During the public hearing the
applicant stated that as a result of the Town of Southold Rental permit process, the non-conforming improvement
was discovered prompting the need for variance relief. The applicant further'stated that he recently replaced an older
failing front entry deck and slightly expanded it while not realizing the need for a building permit or variance relief.
Page 2, August 18,2022
#7666, Ketcham
SCTM No. 1800-96-1-7
An application for a rental permit is pending with the Town of Southold Building Department. The applicant
submitted a copy of his rental permit application received by the Building Department on August 30, 2021. No
member of the public or an immediate neighbor spoke in favor of or against this application.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 4, 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 relief will not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. The subject improvement is located on a substantially less
than code conforming improved lot in a small enclave of similar non-conforming lots fronting on the North Road
(CR48), a major 4-lane `highway' bisecting the hamlet of Cutchogue. Front decks and porches are common
residential access entries in the Town of Southold and in the immediate neighborhood. Furthermore, the existing
home was built prior to zoning and there are generous side yard setbacks on both sides so there are no adverse visual
impacts.
2. Town Law &267-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 existing house was built approximately 2.5 feet above
grade and as such a stair and entry landing are necessary to access the front door, which faces the four-lane highway.
The entry deck is as built and is, only 106 square feet in size with a depth of only 5'4". The deck would have to be
cut back to only 2 feet deep to be conforming to the front yard setback which would eliminate any possible small
seating area at the front of the dwelling.
3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 7.1% relief
from the code. However, a compliant old front entry in disrepair,existed previously. The applicant,when rebuilding
the existing entrydeck slightly expanded the depth, unknowingly facilitating the need for variance relief. The
increased depth is not discernable to the human eye, nor to passersby driving on the North Road. The entry deck has
a railing and is uncovered and improves the visual appearance of the dwelling.
4. Town Lase $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.
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 requested relief is the minimum action necessary and adequate to enable the applicant
to enjoy the benefit of an entry porch measuring 17.8 feet by 5.4 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 267-13, motion was offered by Member Dantes,seconded by Member Planamento, and duly carried,
to
GRANT the variance as applied for, and shown on the site plan, labeled A-1, prepared by Martin A. Passante,
Architect received April 1, 2022, and undated.
Page 3,August 18,2022
#7666, Ketcl;am 1
SCTM No. 1000-96-1-7
SUBJECT TO THE FOLLOWING CONDITIONS:
1. 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.
2. 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.
3. The applicant is to finalize their rental permit application and receive a permit within 120 days.
This approval shall not be deemed effective until the required conditions have been met.At the discretionof 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 building permit, and may require a new application and public
hearing before the Zoning Board of Appeals.
Any deviation f oin 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, setbacks and other features
as are expressly addressed in this action.
IMPORTANT TIME LIMITS ON THIS APPROVAL
Pursuant to Chapter 233-146(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, Planamento, Acampora, and Lehnert. This
Resolution was duly adopted (5-0
Leslie Kanes Weisman, Chairperson
Approved for filing F,/,/7 /2022
APPROVED AS NOTED
DATE B.P. #-aL'f 05 COMPLY WITH ALL CODES 'OF
FEI5' NEW YORK STATE & TOWN CODES
0 B Y
NOTIFY BUILDING DEPARTMENT AT AS REQUI.RED AND CONDff�ONS OF
..41".
765-1802 8 AM TO 4 PM FOR THE
FOLLOWING INSPECTIONS: _Z�'k`56j' SOUTHOLDTOWMZBA
1. FOUNDATION-TWO REOUIRED
FOR POURED CONCRETE
FRAMING,PLUMBING, SOUTHOLD TOWN PLANNIA10 BOARD
2. ROUGH
STRAPPING, ELECTRICAL 9 CAULKING
---SOUTHOLD TOWM TRUSTEES '
3. INSULATION
4. FINAL-CONSTRUCTION &ELECTRICAL
MUST BE COMPLETE FOR C.O. , NXSQ. DEC
ALL CONSTRUCTION SHALL MEET THE
REQUIREMENTS OF THE CODES OF NEW
YORK STATE. NOT RESPONSIBLE FOR
DESIGN OR CONSTRUCTION ERRORS.
Additgang
ce9tification
may Be
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