HomeMy WebLinkAbout51578-Z 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#: 51578 Date: 01/22/2025
Permission is hereby granted to:
Stephen Dubon
5605 Stillwater Ave
Cutchogue, NY 11935
To:
Construct additions and alterations to raise an existing single-family dwelling as applied for to include
new covered front porch, interior alterations,window and door replacements, deck rebuild and
legalize existing outdoor shower per SCHD,DEC,Trustees and ZBA approvals.Flood plain development
permit is required.
Premises Located at:
5605 Stillwater Ave, Cutchogue, NY 11935
SCTM# 137.4-3.2
Pursuant to application dated 11/21/2024 and approved by the Building Inspector.
To expire on 01/22/2027.
Contractors:
Required Inspections:
Fees:
Single Family Dwelling- Addition&Alteration $588.00
As Built Addition/Alteration $32.00
CO Single Family Dwelling-Addition /Alteration $100.00
Foundation $250.00
Flood Permit $150.00
Tota I $1,120.00
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TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 MainRoad P. O. Box 1179 Southold,NY 11971-0959
tis
Telephone (631) 765-1802 Fax (631) 765-9502 lst a ,l "rWW.sotltlioldt ilii .gov
Date Received
APPLICATION FOR BUILDING PERMIT
L�
For Office Use Only
r
PERMIT NO. Building Inspector. J
Applications and forms must be filled out in their entirety. Incomplete
applications will not be accepted. Where the Applicant is not the owner,an
Owner's Authorization form(Page 2)shall be completed.
Date:11/21/2024
OWNER(S)OF PROPERTY:
Name:Stephen and Jacqueline DuBon SCTM# 1000-137-04-3.2
Project Address:5605 Stillwater Avenue, Cutchogue
Phone#:646-359-4126 Email:stephendubon@gmail.com
Mailing Address:5605 Stillwater Avenue, Cutchogue, NY 11935
CONTACT PERSON:
Name:Michael Hand
Mailing Address: PO 1256, Mattituck, NY 11952
Phone#:631-965-1947 Email:michael@mchdesignservices.com
DESIGN PROFESSIONAL INFORMATION:
Name:James Deerkoski
Mailing Address:260 Deer Drive, Mattituck, NY 11952
Phone#:631-734-7355 Email:jamesdeerkoski@yahoo.com
CONTRACTOR INFORMATION:
Name:.
Mailing Address:.
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure IgAddition ®Alteration ❑Repair ❑Demolition Estimated Cost of Project:
Eil Other Raise House,new sanitary system $150.000
Will the lot be re-graded? ❑Yes BNo Will excess fill be removed from premises? ❑Yes *No
1
PROPERTY INFORMATION
Existing use of property:Single family dwelling Intended use of property:Single family dwelling
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
this property? ❑Yes ®No IF YES, PROVIDE A COPY.
❑ Check Box After Reading: 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,
i de and regulations and to admit authorized inspectors on remises and in building(s)for necessary Inspections.False statements made herein are
housing co P
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punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law.
Application Submitted By(print name):Ann r SChu Cher RAuthorized Agent ❑Owner
Signature of Applicant: - ',,
Date: 11/21/2024
STATE OF NEW YORK) CONNIE D.BUNCH
SS: Notary N w York
o.01 BU6185050
COUNTY OF �� � _) Qualified In Suffolk County
Commission Expires,Jkprll 14,2—CL
(, being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the
(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
daY of
d
20
Notary Public
PROPERTY OWNER AUTHURVA"T ION
(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
2
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971-0959
10. Telephone (631) 765-1802 httDS://WWW.SOutholdtownny.Zov
Floodplain Development Permit Application
PROPERTY INFORMATION: I Flood Zone: FIRM Panel: bl SCTM#1000- 3� 4 12-
Address: 5G S_Vr\� a�r2S Qv P 1
City: C V�tC�v .�-le Zip:
CONTACT`PERSOW Name: Phone#:
Mailing Address:
PROJECT,DESCRIPTION: � , nor 1 4e �C_ o^ S ,III��� �� dtc
SECTION Ar STRUCTURAL DEVELOPMENT(CHECK ALL THAT APPLY)
41
T3�pe of Structure' Typeof Structural Activity
y a
Residential (1 to 4 families) ❑ New structure
❑ Residential (more than 4 families) ❑ Demolition of existing structure
❑ Combined use ❑ Replacement of existing structure
❑ Non-residential ❑ Relocation of existing structure
❑ Elevated 'Addition to existing structure � I-. � qr 1
El Flood proofed(attach certification) CCU Alteration to existing structure
❑ Manufactured Home tether:
❑ Located on individual lot
❑ Located in manufactured home park
SECTION B:OTHER DEVELOPMENT(CHECK ALL THAT APPLY)
❑ Clearing of trees, vegetation or debris ❑ Mining ❑ Grading ❑ Drilling ❑ Dredging
❑ Connection to public utilities or services ❑ Paving ❑ Placement of fill material
0`6'rainage improvement(including culvert work) ❑ Roadway or bridge construction
C�ence or wall construction ❑ Watercourse alteration (attach description)
❑ Excavation (not related to a structured development) ❑ Other development not listed (specify):
By sigpi .g„below I agree to the Yerms and co>jSditi r�s of this perrn�t and certify to the best of my knowledge the information contained
/. 't`s d�T of er t ma be/evoked t a
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falsetfr�r; rii s.are made heriri'If;reuoKed,allwark musfcease unti#permit is re assued D,gve(op d or occupfied
unfit d Cert.of Compliance�s;iss�fed:`The prnit will'epire if nay wark'is cc�mmefii�ed wi#hrr one'year.of issuance;Other perrntts may tie
required to fulfill reg la�tory lequ�irements.Applicant gives ponsentto local authority ar representatiue,xo make reasonable insQections
to uerify compliance,
Application Submitted By (print name):
Signature of Applicant: Date: L v2 ¢
V
ENVIRONMENTALNEW YORK STATE DEPARTMENT OF I
Division of Environmental Permits,Region 1
SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790
P:(631)444-0365 1 F:(631)444-0360
www.dec.ny.gov
September 10, 2024
Stephen DuBon
313 Bixley Heath
Lynbrook, NY 11563
Re:
Permit No. 1-4738-04859/00001 Mod#1
Facility: 5605 Stillwater Ave, Cutchogue, NY
SCTM# 1000-137-4-3.2
Eugene Creek
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL)
and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit
modification for the referenced activity. Please carefully read all permit conditions and special
permit conditions contained in the permit to ensure compliance during the term of the permit. If
you are unable to comply with any conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the project site and
protected from the weather and a Notice of Commencement/Completion of Construction.
Sincerely,
�h '' V -
Maryllacl^ innon
Deputy Regional Permit Administrator
cc: Young & Young, Bureau of Marine Habitat Protection, File
Dement of
TATE Environmental
Conservation
i
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04859
PERMIT
Under the Environmental Conservation Law (EC
Permittee and Facility Information
Permit Issued To: Facility:
STEPHEN G DUBON DUBON PROPERTY
313 BIXLEY HEATH 5605 STILLWATER AVEJSctm41000-137-4-3.2
LYNBROOK,NY 11563 Southold,NY 11935
(212) 480-5800
Facility Application Contact:
YOUNG & YOUNG
400 OSTRANDER AVE
RIVERHEAD,NY 11901
(631) 727-2303
Facility Location: in SOUTHOLD in SUFFOLK COUNTY
Facility Principal Reference Point: NYTM-E: 712.875 NYTM-N: 4542.9629
Latitude: 41°00'36.3" Longitude: 72°28'06.8"
Project Location: 5605 STILLWATER AVE WATER COURSE: EUGENE CREEK
Authorized Activity: Raise one-story house by one foot for flood protection. Remove two sanitary
systems and install an Innovative Alternative Onsite Wastewater Treatment System. Construct a one
foot extension to the northeast corner of the house, a covered front stoop and steps, and gravel driveway,
Install drywells and remove cellar entrance. Establish a 10'wide, non-disturbance buffer planted with
native, salt tolerant vegetation. All work must be done in accordance with the three page plan prepared
by Thomas C. Wolpert, PE last revised 4/8/2024 and stamped NYSDEC approved 9/10/2024.
Permit Authorizations
Tidal Wetlands -Under Article 25
Permit ID 1-4738-04859/00001
New Permit Effective Date: 5/23/2022 Expiration Date: 5/22/2027
Modification# 1 Effective Date: 9/10/2024 Expiration Date: 5/22/ 07
Page 1 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04859
NYSDEC Approval
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict
compliance with the ECL, all applicable regulations, and all conditions included as part of this
permit.
Permit Administrator:MARY A MACKINNON, DEPUTY REGIONAL PERMIT ADMINISTRATOR
Address: NYSDEC Region 1 Headquarters
SUNY @ Stony BrookJ50 Circle Rd
Stony Brook,NY 11790 -34
Authorized Signature: L � Date i,
Distribution List
YOUNG& YOUNG
Bureau of Marine Habitat Protection
File
Mary MacKinnon
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following
Permits: TIDAL WETLANDS
I. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous
location on the worksite and adequately protected from the weather.
2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee
and contractor shall sign and return the top portion of the enclosed notification form certifying that they
are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion
of project, the bottom portion of the form must also be signed and returned, along with photographs of
the completed work.
Page 2 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04859
3. Conformance With Plans All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved plans were prepared by Thomas C. Wolpert, PE last revised 4/8/2024 and stamped
NYSDEC approved 9/10/2024.
4. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to
escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete
trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or
waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms.
5. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from
construction of this project shall be completely removed from the adjacent area(upland) and removed to
an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.
6. Materials Disposed at Upland Site Any demolition debris, excess construction materials, and/or
excess excavated materials shall be immediately and completely disposed of in an authorized solid waste
management facility. These materials shall be suitably stabilized as not to re-enter any water body,
wetland or wetland adjacent area.
7. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal
wetlands or protected buffer areas as a result of the permitted activities.
8. Storage of Equipment,Materials The storage of construction equipment and materials shall be
confined within the project work area and/or upland areas greater than 75 linear feet from the tidal
wetland boundary.
9. No Unauthorized Fill No fill or backfill is authorized by this permit without further written
approval from the department(permit, modification, amendment).
10. Install, Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt
fencing, etc., are to be placed on the downslope edge of any disturbed area. This sediment barrier is to
be put in place before any disturbance of the ground occurs and is to be maintained in good and
functional condition until thick vegetative cover is established.
11. Authorized Innovative/Alternative Onsite Wastewater Treatment Systems (I/A OWTS) Septic
Systems This permit authorizes the installation of any models of I/A OWTS septic system which have
received the approval of the Suffolk County Department of Health Services (SCDHS). If SCDHS
rescinds its approval of one or more of these models during the term of this permit, DEC will no longer
approve new installations of that model. The list of I/A OWTS systems which have received approval by
SCDHS are found on website -hops://reclaimourwater.info/
12. Maintenance of Installed Innovative/Alternative Onsite Wastewater Treatment Systems (I/A
OWTS) The permittee must maintain, service and repair the installed I/A OWTS in accordance with
the maintenance schedule set forth in the Suffolk County Department of Health Services (SCDHS)
permit issued for the system.
Page 3 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04859
13. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or
stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales/ silt
curtains (or other NYSDEC approved devices)placed on the seaward side between the fill and the
wetland or protected buffer area. Tarps are authorized to supplement these approved methods.
14. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional
condition until the project has been completed and the area has been stabilized.
15. Establish Vegetated Buffer To protect the values of the tidal wetlands, a permanent vegetated
buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography
within an area extending 10 linear feet landward of the tidal wetland boundary.
16. Incidental Disturbance to Vegetation It is the responsibility of the applicant to remedy any
incidental disturbances resulting in damage or removal of wetland vegetation. Upon completion of
construction activities, any disturbed areas shall be planted with the appropriate marsh vegetation.
Please contact the Bureau of Marine Habitat at(631)444-0295 for more information.
17. State Not Liable for Damage The State of New York shall in no case be liable for any damage or
injury to the structure or work herein authorized which may be caused by or result from future operations
undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no
claim or right to compensation shall accrue from any such damage.
18. State May Order Removal or Alteration of Work If future operations by the State of New York
require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the
Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation
of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause
loss or destruction of the natural resources of the State, the owner may be ordered by the Department to
remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State,
and if, upon the expiration or revocation of this permit,the structure, fill, excavation, or other
modification of the watercourse hereby authorized shall not be completed, the owners, shall, without
expense to the State, and to such extent and in such time and manner as the Department of
Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill
and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall
be made against the State of New York on account of any such removal or alteration.
19. State May Require Site Restoration If upon the expiration or revocation of this permit, the
project hereby authorized has not been completed,the applicant shall, without expense to the State, and
to such extent and in such time and manner as the Department of Environmental Conservation may
lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its
former condition. No claim shall be made against the State of New York on account of any such
removal or alteration.
20. Precautions Against Contamination of Waters All necessary precautions shall be taken to
preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents,
lubricants, epoxy coatings,paints, concrete, leachate or any other environmentally deleterious materials
associated with the project.
Page 4 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04859
.............__..........
GENERAL CONDITIONS - Apply to ALL Authorized Permits:
.........................
1. Facility Inspection by The Department The permitted site or facility, including relevant records, is
subject to inspection at reasonable hours and intervals by an authorized representative of the Department
of Environmental Conservation(the Department)to determine whether the permittee is complying with
this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301
and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available
for inspection by the Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly
provided for by the Department, issuance of this permit does not modify, supersede or rescind any order
or determination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or determination.
3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal, modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires.
Any renewal, modification or transfer granted by the Department must be in writing. Submission of
applications for permit renewal, modification or transfer are to be submitted to:
Regional Permit Administrator
NYSDEC Region 1 Headquarters
SUNY @ Stony BrookJ50 Circle Rd
Stony Brook,NY11790 -3409
4. Submission of Renewal Application The permittee must submit a renewal application at least 30
days before permit expiration for the following permit authorizations: Tidal Wetlands.
5. Permit Modifications, Suspensions and Revocations by the Department The Department
reserves the right to exercise all available authority to modify, suspend or revoke this permit. The
grounds for modification, suspension or revocation include:
a. materially false or inaccurate statements in the permit application or supporting papers;
b. failure by the permittee to comply with any terms or conditions of the permit;
c. exceeding the scope of the project as described in the permit application;
d. newly discovered material information or a material change in environmental conditions, relevant
technology or applicable law or regulations since the issuance of the existing permit;
Page 5 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-04859
e. noncompliance with previously issued permit conditions, orders of the commissioner, any
provisions of the Environmental Conservation Law or regulations of the Department related to
the permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or
another permit condition. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the
Department of Environmental Conservation of the State of New York, its representatives, employees,
and agents ("DEC") for all claims, suits, actions, and damages,to the extent attributable to the
permittee's acts or omissions in connection with the permittee's undertaking of activities in connection
with, or operation and maintenance of,the facility or facilities authorized by the permit whether in
compliance or not in compliance with the terms and conditions of the permit. This indemnification does
not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under
Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision
under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of
their responsibility to comply with this permit, including all special conditions while acting as the
permittee's agent with respect to the permitted activities, and such persons shall be subject to the same
sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-
way that may be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the
riparian rights of others in order to perform the permitted work nor does it authorize the impairment of
any rights, title, or interest in real or personal property held or vested in a person not a parry to the
permit.
Page 6 of 6
Y Yow Department of
ORK
TATE Environmental
Conservation
NOTICE
The Department of Environmental Conservation (DEC) has issued permit(s) pursuant
to the Environmental Conservation Law for work being conducted at this site. For further
information regarding the nature and extent of work approved and any Departmental
conditions on it, contact the Regional Permit Administrator listed below. Please
refer to the permit number shown when contacting the DEC.
3
Regional Permit Administrator
SHERRIAICHER
Permit Number: 1-4738-04859/00001
NYSDEC Region 1 Environmental Permits
50 Circle Road
Stony Brook, NY 11790-3409
Expiration Date: 5/22/2027 Email: dep.rl@dec.ny.gov
Note: This notice is NOT a permit
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BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD,NEW YORK
� { y
�Y
PERMIT NO. 10613 DATE: KLY 17 2024
1Y
b,
ISSUED TO: STEPHEN&JAC UELINE DuB
PROPERTY ADDRESS: 5605 STILLWATER AVENUE fUTCHOGUE
SCTM# 1000-1374-3.2
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at fire meeting held on 1� 2 and in
p.
consideration of application fee in the sutra of E�25Ql 0_0 paid by tenhen&Jacqueline DuBon and subject to
the Terris and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and
permits the following:
i
Wetland Permit to raise the existing one-story dwelling an additional foot for flood
s. protection.; install a new I/A sanitary system; remove cellar entry; raise existing deck
with steps; new covered front stoop and steps; existing 5'x5" fire pit; existing shed;
existing outdoor shower; install drywells and two parking spaces;with the condition
that no fill encroach on wetlands; and as depicted on the site plan prepared by Young i
& Young, received on July 15,2024, and stamped approved on July 17,2024.
IN 1 "1°l l�1BSS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,
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and these presents to be subscribed by a majority of the said Board as of the day and year written above.
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BOARD MEMBERS ' Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O. Box 1179
Southold,NY 11971-0959
Patricia Acampora Office L p t gp:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. t? 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Southold,NY 11971
RECEIVED
http://southoldtownny.gov �_ �i"
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ZONING BOARD OF APPEALS APR �2024
TOWN OF SOUTHOLD (�
Tel. (631) 765-1809 N ;4
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 18,2024
ZBA FILE: 7890
NAME OF APPLICANT: Stephen & Jacqueline Dubon
PROPERTY LOCATION: 5605 Stillwater Avenue, Cutchogue SCTM No. 1000-137-4-3.2
SEQRA DUE IN' 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.
SUIFOLK COUNTY_AD ST Y ODE: 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 January 25,2024 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: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated March 27, 2024. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available,
it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is
INCONSISTENT with the LWRP.
Policy#4:Minimize the loss oflife,structures, and natural resources fromflooding and erosion.
The proposed new ground construction is located within a FEMA El 6 ft flood hazard zone. The structures
within these areas are subject to repetitive loss from storm surged-induced events and should be avoided
and/or minimized. Setbacks should be maximized.
The applicant has proposed an Innovative Advanced(IA)septic system, an application with Suffolk County
Department of Health Services currently being processed,will raise the house,and place the dwelling on a new
foundation that will be FEN IA compliant. It is the Board's opinion that the aforementioned mitigation measures
will be CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP.
M—PEKY EACMEaCRIPTION: The subject property is an 11,320 sq. ft. (buildable area 9,827 sq. ft.) non-
conforming parcel located in an R-40 Zoning District and an AE-6 FEMA Flood Zone. The property is an odd
shaped lot that has a road frontage of 90.55 feet along Stillwater Avenue,turns northeast for 70.65 feet,turns 39.57
feet southeast towards Eugene Creek, runs 117.31 feet along the Eugene Creek before returning 79.56 feet back to
Stillwater Avenue. The property is improved with an existing one-story residence with a wood deck. There is also
f "
Page 2,April 18,2024
#7890,Dubon
SCTM No. 1000-137-4-3.2
a shed on the west side of the property all as shown of survey prepared by Thomas Wolpert,LPE,revised March 13,
2024.
BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXXIII, Section 280-
124;and the Building Inspector's December 14,2023,Notice of Disapproval based on an application for a permit to
construct additions and alterations to an existing single family dwelling; at; 1) located less than the code required
minimum front yard setback 35 feet; 2) located less than the code required minimum rear yard setback 35 feet; 3)
existing shed located.in other than the code permitted rear yard; located at 5605 Stillwater Av6nue,(Adj.to Eugenes
Creek)Cutchogue,NY. SCTM No. 1000-137-4-3.2.
RELIEF REOUESTED: The applicant requests variances for the following:
1. A front yard setback of 11.2 feet where a minimum of 35 feet is required.
2. A rear yard setback of 29.1 feet where a minimum of 35 feet is required.
3. A shed located in the side yard instead of the code permitted rear yard location.
AMENDED APPLICATION: During the hearing, the applicant was a ked to bring the plan:into more conformity
with the code. The applicant on April 8,2024,submitted a plan bringing the front stairs parallel to the existing house,
as requested by the Board, in order to reduce the visual and physical impact of the proposed steps on the front yard
and street which were set back at 2 feet,3 inches from the front property line and 1 I feet,2 inches to the landing,as
originally proposed. The amended survey still depicts the front yard setback to the landing at 11.2 feet from the
front property line and the rear yard setback measures 25.9 feet.
ADDITIONALINFORMATION: The existing residence has certificates of occupancy for the following:
1. #18106—Dated June 12, 1989,for the existing one-family dwelling.
2. #32045—Dated December 1,2006,for a shed addition to an existing dwelling
3. #18107—Dated June 12, 1989,for an addition to the existing dwelling.
4. # 13829—Dated September 6, 1985,for a deck addition.
During the hearing it was stated to the applicant that the proposed front stairs would extend almost to the property
line. At this time the homeowner agreed to run the steps parallel to the house and has since submitted revised survey
last revised April 8, 2024 to show this. The applicant indicated that there are no plans to alter the existing shed.
FINDINGS OF FACT/REASONS FOR.13OARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on April 4,2024,at which time written and
oral evidence were presented. Based upon all testimony,.docurnentation,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 b 1 . Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The proposed changes to the house are strictly a raising of the
foundation to a height that conforms to current FEMA regulations and a proposed rear deck that will be identical to
the existing deck. This same process is happening on many waterfront properties in the town. There is no other
work proposed to the existing house,so there will be no undesirable change to the character of neighborhood.
2. iown Law 267-bQ(b1t21._"The benefit sought by the applicant cannot be achieved by some method,feasible
for the applicant to pursue, other than an area variance. Due to the property being a non-conforming size, and the
existing residence having legal, but non-conforming setbacks there is no other way to achieve a raising of the
foundation to comply with FEMA regulations than an area variance.
Page 3,April 18,2024
#7890,Dubon
SCTM No. 1000-137-4-3.2
3. ToLva Law 267-b b 3 . The variances granted herein are mathematically substantial:
1. The front yard setback represents 68%relief from the code.
2. The rear yard setback represents a 17%relief from the code.
3. The shed located in the side yard represents a 100%relief from the code.
However, the proposed additions and alterations are only for the new raised foundation to comply with FEMA
regulations,and not a re-siting of the house. The existing house will meet the existing setbacks that are already legal
as per past certificates of occupancy. The shed located in the side yard is the only place where it can be located,
which is the nature of the waterfront property.
4. Town Law 247-b 3 M4 . 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 and conditions of this board.
5. Town Law 267-bQ b . 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. Torw+aa Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an existing residence with a new raised foundation that will meet FEMA regulations,
while preserving and protecting the character of the neighborhood and the health, safety and welfare of the
community.
RESOLUTION QF 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 Lehnert,seconded by Member Lehnert,and duly carried,to
GRANT the variances as applied for and shown on the prepared survey by Thomas Wolpert,LPE,last revised April
8,2024.
S CT TO T F0LL WIN C'GNlElall NS,
1. An Innovative Advanced(IA)septic system on the subject property,approved by the Suffolk County
Department of Health Services,shall be installed as proposed by the applicant.
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.
IWQRTANT'LUMTS ON THE APPRQVAL S +GR.ANTED HEM ON
Please Read Carefully
Any deviation from the survey,siteplan and/or architectural drawings cited in this decision,or work exceeding
the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department
of a building permit and/or the issuance of a Stop Work Order,and may require a new application and public
hearing before the Zoning Board of Appeals.
Page 4,April 18,2024
#7890,Dubon
SCTM No. 1000-137-4-3.2
Any deviation from the variance(s)grantedherein as shown on the architectural drawings,siteplan and/or survey
cited above,such as alterations, extensions, demolitions,or demolitions exceeding the scope of the relief granted
herein, are not authorized under this application when involving nonconformiiies 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.
TS ON TIES APPROVAU 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 re
• quest prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)
year terms.IT IS THE PROPERTY O° NERIS MS'P'OI_STBELITY f O ENSURE CO L1 1 WITH
'I`DE CODE PIE 1MED TIDE FRAMIE DESCRPBED_IIEREI I.Failure to comply in a timely manner
may result in the denial by the Building Department of 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,and Lehnert. (4-0)
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Te H lanes Weisman,Chairperson
Approved for filing X// /2024