HomeMy WebLinkAbout41622-Z gi�FFOt,f�, Town of Southold
7/7/2017
y P.O.Box 1179
0
ea 53095 Main Rd
Southold,New York 11971
CERTIFICATE OF OCCUPANCY
No: 39044 Date: 7/7/2017
THIS CERTIFIES that the building AS BUILT ADDITION
Location of Property: 4075 Stillwater Ave, Cutchogue
SCTM#: 473889 Sec/Block/Lot: 137.4-8.1
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office dated
-- 4/19/2017 pursuant to which Building Permit No. 41622 dated 5/10/2017
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"RAISED PATIO PER ZBA DECISION#6691, DATED 11-21-2013, TO AN EXISTING ONE
FAMILY DWELLING,AS APPLIED FOR
The certificate is issued to Ward II,Roy
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO. 17-44390 06-28-2017
PLUMBERS CERTIFICATION DATED 06-28-2017 Obert Katz
A t 5
ed Signature
TOWN OF SOUTHOLD
FFU�,� BUILDING DEPARTMENT
e
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#: 41622 Date: 5/10/2017
Permission is hereby granted to:
Ward II, Roy
4075 Stillwater Ave
Cutchogue, NY 11935
To: legalize "as bit" additions and alterations (raised patio) to an existing single family
dwelling as applied for per ZBA and Trustee approval.
At premises located at:
4075 Stillwater Ave, Cutchogue
SCTM # 473889
Sec/Block/Lot# 137.-1-8.1
Pursuant to application dated 4/19/2017 and approved by the Building Inspector.
To expire on 11/9/2018.
Fees:
AS BUILT- SINGLE FAMILY ADDITION/ALTERATION $1,113.60
CO -ADDI O DWELLING $50.00
Tot 1: $1,163.60
Building Inspect
Form No.6
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
765-1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
This application must be filled in by typewriter or ink and submitted to the Building Department with the following:
A. For new building or new use:
1. Final survey of property with accurate location of all buildings,property lines,streets,and unusual natural or
topographic features.
2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1%lead.
5. Commercial building, industrial building,multiple residences and similar buildings and installations,a certificate
of Code Compliance from architect or engineer responsible for the building.
6. Submit Planning Board Approval of completed site plan requirements.
B. For existing buildings(prior to April 9, 1957)non-conforming uses,or buildings and "pre-existing"land uses:
1. Accurate survey of property showing all property lines, streets,building and unusual natural or topographic
features.
2. A properly completed application and consent to inspect signed by the applicant.If a Certificate of Occupancy is
denied,the Building Inspector shall state the reasons therefor in writing to the applicant.
C. Fees
1. Certificate of Occupancy-New dwelling$50.00,Additions to dwelling$50.00,Alterations to dwelling$50.00,
Swimming pool$50.00,Accessory building$50.00,Additions to accessory building$50.00,Businesses$50.00.
2. Certificate of Occupancy on Pre-existing Building- $100.00
3. Copy of Certificate of Occupancy-$.25
4. Updated Certificate of Occupancy- $50.00
5. Temporary Certificate of Occupancy-Residential$15.00,Commercial$15.00
Date. �}
New Construction: Old or Pre-existing Building: (check one)
Location of Property: � I
House No. ^� Street Hamlet
Owner or Owners of Property:
Suffolk County Tax Map No 1000, Section `?—I -- 1 Block Lot
Subdivision Filed Map. Lot:
Permit No. Date of Permit. Applicant:
Health Dept.Approval: Underwriters Approval:
Planning Board Approval: /
Request for: Temporary Certificate Final Certificate: V (check one)
Fee Submitted: $ So
App ant Signature �j I�.
Certificate of Compliance
............................................ ...................................... ........................................ ..................................................
CERTIFIED ELECTRICAL INSPECTIONS, INC.
188 PARK AVENUE
AMITYVILLE, NY 11701
P: (631) 598-5610
..................................... .....................
CERTIFIES THAT
Upon the application of Upon premises owned by
Roy Ward Roy Ward
4075 Stillwater Avenue 4075 Stillwater Avenue
Cutchogue, NY 11935 Cutchogue, NY 11935
Located at: 4075 Stillwater Avenue ,
Cutchogue, NY 11935
Application Number 17-44390 Certificate M 17-44390
Electrical License
Section: Block: Lot: Building Permit#:41422
Described as a Residential occupancy, wherein the premises electrical system consisting of
:electrical devices and wiring, described below, located in/on the premises at:
Patio/BBQ Area
A visual inspection of the premises electrical system, limited to electrical devices and wiring to the
extent detailed herein, was conducted in accordance with the requirements of the applicable code
/or standard promulgated by the State of New York, Department of State Code Enforcement and
Administration, or other authority having jurisdiction, and found to be in compliance therewith on
the 28th day of June 2017
Electrical Inspector: Anthony Giordano
...........
..........
hi fill
This certificate is not valid unless raised seal is present.'
'JUL 5 20111
BU'II.DING DEPT.
TOWN OF SOUTHOID
%pF SOUlyofo
Town Hall Annex Telephone(631)765-1802
54375 Main Road Fax(631)765-9502
r.v.Box 1179
Southold,NY 11971-0959
BUJiLDING DEPARTMENT DD
TOWN OF SOUTHOLD
' JUL _ 6 2017
BUILDING DEPT.
TOWN OF SOUTHOLD
CERTIFICATION ?
uaie'. 6/�SIIT �
Building Permit No. 41&t&
Owner:- Fol W
(Please print)
Plumber: ��G� &C,jj�_!
(Please print)
i
I certify that the solder used in the water supply system contains less than 2/10 of 1% I
lead
'Plumbers afore)
Sworn to before me this
day of SUY12 , 2U /I:
NotaryPublic, (5)f(al K k County
INA L HARGRAVES
NOTARY PUBLIC-STATE OF NEW YORK
No.01 HA61737 76
Qualified in Suffolk County o
My Commission Ezplres September 04..?a�9
so
Comm,
TOWN OF SOUTHOLD BUILDING DEPT.
765-1802
INSPECTION
[ ] FOUNDATION 1ST [ ] ROUGH PLSG.
[ ] FOUNDATION 2ND [ ] SULATION
[ ] FRAMING /STRAPPING [Vf FINAL l& LlVll '
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL)
REMARKS: i �LC�t � Pe*^4 Is Vlv�m�,&
L/ fm�.hot
irex. C4 a� %
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DATE INSPECTOR
e
Dean S. Newins,AIA
Architect
5629 Melody Lake Drive
Edina, MN 55436
June 15, 2017
Re: Permit#: 41622
Footing Certification Letter
Ward Residence
4075 Stillwater Ave
Cutchogue, NY
Building Official,
This letter serves to certify that the footings for the existing patio at the above mention property are
constructed to code required reinforcement and frost depth. Test holes were dug at multiple locations
and the site was inspected on 5/18/17. The following photographs were taken as survey verification of
the existing condition. All measurements are to top of footing.
Dean S. Newins, AIA ® �'
Architect
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SOF NE��
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AN 2 3 2011
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BUMDING DEP L
TOWN of sounioLD
Ward Residence
4075 Stillwater Ave.
Cutchogue, NY
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Cutchogue, NY
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TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying?
TOWN HALL Board of Health
SOUTHOLD,NY 11971 4 sets of Building Plans
TEL: (631) 765-1802 ( Planning Board approval
FAX:"(631) 765-9502 I ��Survey
South oldTown.NorthFork.net PERMIT NO. ` Check
Septic Form
N.Y.S.D.E.C.
/y Trustees
Examined (0 0 / Flood Permit
Storm-Water Assessment Form
Contact:
Approved ,20—/
20 / 3 Mail to:
Disapproved a/c / 2
Phone:
Expiration e 20, _
\, Jb� 1— pe 1
D V b sp ctor
APS ® 201 APPLICATION FOR BUILDING PERMIT
Date-I& , 201__2-,_
T ®LD INSTRUCTIONS
d.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas,and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an
addition six months. Thereafter,a new permit shall be required.
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, Ordines or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein d ribed.The
applicant agrees to comply with all applicable laws,ordinances, building code, housing c e,and regul io d to admit
authorized inspectors on premises and in building for necessary inspections.
i (Si ture of applicant or name,if a corporation)
(Mailing address of applicant)
State
��whhether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
Name of owner of premises R0\_1 Win .r
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly autho iz d' er
(Name and title of corporate officer)"
Builders License No. 1-1130-06-1-4
Plumbers License No. -
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
140.757
House Number Street Hamlet
County Tax Map No. 1000 Section [ Block l Lot C�
Subdivision Filed Map No. Lot
2. State existing use and occupancy of prernises and intended use and occupancy of proposed construction:
a. Existing use and occupancy : -POMt-y
b. Intended use and occupancy �1
3. Nature of work(check which applicable): New Building Addition Alteration
Repair Removal Demolition Other Work X 22M'a k,- 1 S
4. Estimated Cost Fee N
1 A- (Description)
(To be paid on filing this application)
5. If dwelling, number of dwelling units ` Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. ge5-I �---
i, Ads P3urt-7 IA-, is
7. Dimensions of existing structures, if any: Front SO ` Rear 5-0 ' Depth 1�
Height Number of Stories Z STZof HVrni=
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front Rear Depth
Height Number of Stories _
7 9. Size of lot: Front Rear Depth -,J, ell
710. Date of Purchase VI A- Name of Former Owner tiA-
11. Zone or use district in which premises are situated 17�G¢"fi��
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO
14.Names of Owner of premises In.A2p Address 41ti757 S "/I1+i Phone No-7 P S�
Name of Architect Address Phone No
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES)C NO
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES >V NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey,to scale, with accurate foundation plan and distances to property lines. 4-7-779c-"[4'-O
17. If elevation at any point qn property is at 10 feet or below, must provide topographical data on survey.
' � v,1ti7 C37't7 � Ua -f 'y►� 1� �® ����-1
18. Are there any covenants and restrictions with respect to this property? * Y S NO
!*'IF YES,,•PROVIDE A COPY.
a
I :STATD F N,W YORK)
(SS':
COUNTY ffi
TA,being duly sworn, deposes and says that(s)he is the applicant
(Name of in/d�iviidual signing co tract)above named,
(S)He is the ./L6 7
(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 knowledge and belief; and that th ork will be
performed in the manner set forth in the application filed therewith.
Sworn,WS
fore me this
day of 2013
otary Public Signature of Applicant
MICHELLE DISTASIO
Notary Public,state of New York
No.4994753
oualified in Suffolk County
Commission Expires May 22,20j�
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD,NEW YORK
PERMIT NO. 8894 DATE: OCTOBER 19,2016
ISSUED TO: DANIEL& GINA DEVITO
PROPERTY ADDRESS: 750 PARADISE POINT ROAD,SOUTHOLD
SCTM# 1000-81-3-26.1
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 the meeting held on October 19,2016,and
in consideration of application fee in the sum of$250.00 paid by Daniel &Gina DeVito and subject to the
Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits
the following:
Wetland Permit to construct a 41x401 landward fixed ramp to a 41x1501 fixed dock with
a step down to a 41001 fixed lower platform at offshore end; install four(4) 10"
I
diameter mooring pilings; and install water and electric to the dock; and as depicted on
the site plan prepared by Costello Marine Contracting Corp. dated August 25,2016,
and stamped approved on October 19,2016.
IN WITNESS WHEREOF,the said Board of Trustees hereby its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Boar, of this date.
41P
i
�V SOUT
John M. Bredemeyer III, President yo Town Hall Annex
Michael J. Domino, Vice-President AO l0 54375 Main Road
JW P.O. Box 1179
James F_ King,Trustee N W Southold, New York 11971-0959
Dave Bergen,Trustee ® �Q Telephone(631) 765-1892
Charles J. Sanders,Trustee lif'CQUSN Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICATE OF COMPLIANCE
# 1076C Date: December 5, 2014
THIS CERTIFIES that the as-built 4'x55' fixed dock 3'x15' ramp floating dock no
larger than 120sqft with 2) 10" diameter float piles; (3) existing piles; electric and water
facilities to dock; existing light on fixed dock; as-built 18'x50' patio with 118sg.ft. landing with
steps; drainage for run-off-, no further construction of any structures/storage buildings between
patio and bulkhead; 10' wide non-turf buffer along landward edge of bulkhead
At 4075 Stillwater Avenue Cutchogue,New York
Suffolk County Tax Ma: 137-1-8.1
Conforms to the application for a Trustees Permit heretofore filed in this office
Dated July 23, 2013 pursuant to which Trustees Wetland Permit#8394 Dated
April 23, 2014,was issued and conforms to all of the requirements and conditions of the
applicable provisions of law. The project for which this certificate is being issued is
for the as-built 4'x55' fixed dock 3'x15' ramp, floating dock no larger than 120sg.ft. with(2)
10" diameter float piles; (3) existing piles-, electric and water facilities to dock; existing light on
fixed dock; as-built 18'x50' patio with 118sg ft landing with steps; drainage for run-off, no
further construction of any structures/storage buildings between patio and bulkhead; 10' wide
non-turf buffer along landward edge of bulkhead.
i
The certificate is issued to ROY &DAWN WARD owners of the
aforesaid property.
I
I
Authorized Signature
r
I
Town Hall Annex Telephone(631)765-1802
54375 Main Road • Fax(631)765-9502
P.O.Box 1179 B G T
Southold,NY 11971-0959
couff N,
NOTICE PROVAL
BUILDING DEPARTMENT
TOWN OF SOUTHOLD DATE: August 5, 2013
TO: William Jon Fabb, TFLC, Inc. (Roy Ward II)
PO Box 460
Cutchogue, NY 11935
Please take notice that your application dated July 29, 2013
For permit for an"as built"patio structure at
Location of property: 4075 Stillwater Avenue, Cutcho u
County Tax Map No. 1000—Section 137 Block 1 Lot 8_1
Is returned herewith and disapproved on the following grounds:
The proposed construction on this non-conforming 31,334 square foot parcel in the Residential R-40 District is
not permitted pursuant to Article XXII Section 280-116B which states;
"All buildings located on lots upon which a bulkhead concrete wall riprap or similar structure exists
and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-
five(75) feet from the bulkhead."
The"as built"construction notes a setback of 22 feet to the existing bulkhead
In addition, the"as built"construction is not permitted pursuant to Article XXIIISection 280-124 which states
that, on lots measuring between 20,000 and 39,999 square feet in total size the minimum rear yard setback is 50
feet, and a minimum single side yard setback of 15 feet.
The"as built'construction notes a rear yard setback of 4 t and a sin le si s back of 12 feet.
Authoriz i ture
Cc:File, ZBA
i
rQOARD MEMBERS Southold Town Hall
���®f S®U
Leslie Kanes Weisman,Chairperson ry®l 53095 Main Road•P.O.Box 1179
� O Southold,NY 11971-0959
Eric Dantes Office Location:
Gerard P.Goehringer Town Annex/First Floor,Capital One Bank
George Homing ® ^�a0 54375 Main Road(at Youngs Avenue)
Ken Schneider IyCafY Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN
Tel. 631 765-1809 F�Fax 63I69064
NOV 25 2013
FINDINGS'DELIBERATIONS AND DETERMINATION B1 DG DEPT
i TOV'�
MEETING OF NOVEMBER 21,2013 - — --"-"-- - —"�---
ZBA FILE: 6691
NAME OF APPLICANT: Roy Ward,III SCTM#1000-137-1-8.1
PROPERTY LOCATION: 4075 Stillwater Avenue(adj.to East Creek aka Eugene's Creek). Cutchogue,NY
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 H 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 September 18, 2013 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 October 28, 2013. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action INCONSISTENT with LWRP policy standards
and therefore is INCONSISTENT with the LWRP. However, this finding is based upon the "as built" structure
being constructed without the benefit of a trustee permit and as such the applicant will have to apply to the
Trustees. Additionally, a prior Trustee permit#6272 issued in 2005 for a different action, requiring the installation
of a 10' non-turf buffer landward of the bulkhead, has not been installed as required. The Zoning Board will
require the applicant to apply to the Trustees, install the required buffer and comply with Chapter 236 for the "as
built"structure, thereby making this action consistent with the LWRP.
PROPERTY FACTS/DESCRIPTION• Subject property is and nonconforming 31,334 square foot lot in the R40
zone district. It's improved with a two story framed dwelling with attached porches, raised patio and accessory
garage. It has 90.00 feet of frontage on Stillwater Avenue, 349.84 feet on the northern property line, 102.25 feet on
East Creek and 315.38 feet on the southern property line as shown on the survey dated 7-2-2013 revised 8-12-13
prepared by John C. Ehlers,LLS.
BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(B) and Article
XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's August 5,
2013 Notice of Disapproval concerning a permit for "as built" patio structure, at; 1) proposed construction at less
than the code required bulkhead setback of 75 feet, , 2) less than the code required minimum rear yard setback of j
50 feet, 3) less than the code required minimum side yard setback of 15 feet.
i
.,I —November 21,2013
#663' —Ward
oCTM#1000-137-1-8 1
I
RELIEF REQUESTED: The applicant requests variances to obtain a CO for"as built" patio structure attached to
the rear of the dwelling with a bulkhead setback of 22 feet where the code requires 75 feet, a rear yard setback of I
42 feet where the code requires 50 feet and a single side yard setback of 12 feet where the code requires 15 feet.
I
ADDITIONAL INFORMATION: The immediate area around the subject property consists of long lots that front
on the creek. At the public hearing, the agent for the applicant submitted prior variances by the Board in the
subject neighborhood and Google Earth maps showing the non-conforming setbacks of the homes to the north and
south of the applicant's home. This analysis indicates varied setbacks from the creek and the subject property
which lies at a point that extends the farthest into the creek. The reason for this fact is that when the western
section of the creek was dredged in the late sixties, most of the dredged spoils were placed on these contiguous
parcels to the western side of Eugene's Creek. This allowed a greater depth of each lot on this side. This property
was the subject of a prior variance in 2010 under file#6404, for additions and alterations to the dwelling requiring
bulkhead, minimum and total side yard setbacks. The applicant was granted alternative relief for the side yards
(single at 9 feet and combined at 34.5 feet)and granted the bulkhead setback of 43.5 feet as applied for.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on November 7,2013 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 4267-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. This area of Stillwater Ave. consists of many waterfront
homes on Eugene's Creek. The majority of the homes have been constructed on long lots where the homes lie
fairly close to the Creek.
I
2. Town Law 4267-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 dwelling was granted a non-conforming
bulkhead setback of 43.5 feet in a prior ZBA application and therefore any additions seaward of the existing
dwelling will require variance relief.The applicant could remove the stone planters and part of the stone wall
closest to the bulkhead and scale the depth of the patio back from the bulkhead. However,the patio is raised and an
open structure,which if it was on grade would not require variance relief.
3. Town Law $267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 71%
relief from the code for the setback from the bulkhead. The rear yard represents a 16% reduction from the code
requirements. The single side yard represents a 20% reduction for present code requirements. However, most of
the existing homes on Stillwater Avenue exhibit the same or similar non-conforming setbacks as documented in the
Google Earth maps and copies of prior ZBA variances submitted to the Board by the applicant. Additionally, the
subject property is dramatically sloped toward the creek and without an elevated or terraced deck or patio the
applicant has no functional use of the rear yard.
4. Town Law 4267-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. Removal of the as built
patio would create substantial land disturbance At the hearing, the agent for the applicant indicated that the stone
patio was skewed toward the water side of the home. He agreed to saw cut a drain into the patio so rain water and
melting snow would not leach into the creek and thus retaining all runoff onsite. Additionally, the agent stated the
original Trustee permit requiring the 10 foot non-turf buffer will be installed as per the permit requirements.
I
ofo—November 21,2013
.#6641—Ward
SCTM#1000-137-1-8.1
5. Town Law 4267-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate is the minimum
action necessary to enable the applicant to enjoy the benefit of the existing raised patio 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 Goehringer, seconded by Member Weisman
(Chairperson), and duly carried,to
GRANT; the variances as Applied for, and shown on the survey dated 7-2-2013 revised 8-12-13 prepared by
John C.Ehlers,LLS. Subject to the following CONDITIONS:
1. Raised patio shall remain open to the sky
2. Raised Patio shall provide drainage so water shall not leach toward bulkhead.(entire north easterly side)
The Board reserves the right to inspect the continuous drain installed in the floor of the patio. j
3. There shall be no further construction of any structures/ storage buildings between the patio and the
bulkhead.
4. Applicant shall install a 10 foot wide non-turf buffer along the bulkhead as required by the 2005 Trustees
action.
5. The applicant shall receive approval of the Board of Town Trustees for the as built raised patio.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
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 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.
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.
Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Horning, Schneider, Dantes. This
Resolution was duly adopted(5-0).
Leslie Kanes Weisman, Chairperson
Approved for filing �/ /Z� /2013
t
Twin Fork Landscape Contracting Inco
0405 Cox Lane Cutchogue Ny 11935
twinforklc@optonline.net1631-734-6634
------------------------- u
WetLands
,
WetLands
,
I It
1 ;
ndigenaus Plantings
,
x ndigenaus Planting
1 Existing Turf to be Removed -�
11 4•x2'Precast arywell All Existing Turf to be Remove
4'x2'Precast Drywell +
4"SDR Plumbing �' rt �t
Existing French
1 � f { Y's^ Fg, <4•`:i S !~.;SL'..�4.'w��+.�N'xKr
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+ 't„`tr y''':._.". 4•, sw,'Yr�1 V•,�•Yv$ +t�.:7 gas +
Q r� :r. °r°<�'t��!'4?'j '4, r •'ii�ti"u?s 4 e;. +- �,„8 ,
APR i 2+�1
' .����-�Res�dence •�
+ r'=f.FLP �' •.ti�•r�:�'+ 3."5 3b`'i�'=;a:'• iit�^ �.r• ,
i �un.�"w;iia.'Yrr4:t 'y'YF,�R'ja...Y••.�„f.;`?`^y `'��•A('� '•'c�"� � i
Buard:,; ^u_,;•;� '�� _ :;-�z;•g.�.;�ay�° . �.. ��,sc::,��r »,` ,
g� •x � i
APPROVED BY
-00AR0.OF TRUSTEES
- -
DAJE- - Ward Residence
� 2
l� 1 4075 Stillwater Ave
Cutchogue, NY 11935
December 16, 2013
S ott A. Russell SUFFQ�� STtO)]KA�J WA\�T]EIRZ
M�A�1�A�(G IEMUEN T
SUPERVISOR
SOUT13OLD TOWN HALL-P_0.Box 1179
53095 Main Road-SOUTHOLD,NEIN YORK 11971 �C y own of,So u th o l d
of
CHAPTER 236 - STORMWATER MANAGEMENT WORK SHEET
A.PR-x.4.2017
(TO BE COMPLETED BY THE APPLICANT)
. - - - - - -----------
Yes No - - - -
(CHECK ALL THAT APPLY)
❑ A. Clearing, grubbing, grading or stripping of Iand which affects more
❑� than 5,000 square feet of ground surface. ;
. Excavation or Tilling involving more than 200 cubic yards of material
withirl any parcel or any contiguous area.
❑4� C. Site preparation on slopes which exceed 10 feet vertical rise to
100 feet of horizontal distance.
t ❑ D. Site preparation within 100 feet of wetlands, beach, bluff or coastal
erosion hazard area-
El �E.
rea_ElE. Site preparation within the one-hundred-year floodplain as depicted
on.-FIRM Map of any watercourse..
® F. Installation of new or resurfaced impervious surfaces of 1,000 square
feet or more, unless prior approval of a Stormwater Management
Control Plan was received by the Town and the proposal includes
in-kind replacement of impervious surfaces.
If you answered NO to all of the questions above, STOP! Complete the Applicant section below with your Name,
Signature, Contact Information, Date & County Tax Map Number! Cbapter 236 does not apply to your project.
If you answered YES to one or more of the above, please submit Two copies of a Stormwater Management Control Plan
and a completed Check hist Form to the Building Department_withyouur Building Permit Application.
APPLICANT. (Property Owner,Design Professional,Agent,Contractor,Other) - S.0-T M. 'r. 1000 Date
District
NAME '-3a _L_
Section Block Lot
TF-LC 1 v--yC# Q-6N F"6 FOR BUILDING DEPART:NIEN-F U L: J?LY
Contact information — —40Ia3
Reviewed By.
Property Address / Location of Construction Work. — — — — — — — — — — — — — — — — —
Approved for processing Building Permit.
Stormwater Management Control Plan Not Required.
0�J 4 LA--C Stormwater Managenne,t Control
15d (Forward to Engineering Department for Review)
FORM ' SMCP- TOS MAY 2014
APPLIr:ANT• !
(('rnperrY Owner. Design Professional,Agent,Contractor,Other) S.C.T,M. 1000.W CHAPTER 236
dok 10
Stormwater )Management control Plan CHECK LIST
NAME ltnl ' Section Block Lot �+
YL•,,,Yr,,,, ��� fly, ? S M C P -Plan Requirements; Provide ONE copy of the Building Permit Application.
Date; Q S1C The applicant must provide a Complete Explanation and/or Reason for not providing
all Information that has been Required by tine following Checklist!
I A dile Plan drawn 10 Scale Not Less that 60' to the Inch MUSTIf You answered No or NA to any Itm, Please Provide Justification Here!
cYES
how all of the following items; NO NA you need additional room for expl�natlons, Please Provide additional Paper.
a Location & Descriptio�of ropertyBoundariesb. Total Slte Acreage.c ExlSting - Natural & ade Features within 500 L.F,
Of the Site Boundary as required by §236-17(C)(2),
t
d_Test Hole Dala Indicating Soil Characteristics& Depth to Ground Water. EROSION St 5WIM IVT eoNTR9116S
e, Llmlts of Clearing & Area of Proposed Land Disturbance. Shall include but not Be
f Existing & Proposed Contours of the Site (Minimum 2'Intervals) JrA well maintained ons r ,
g. Location of all existing & proposed structures, roads, Wire Backed Silt Feting, s &---
driveways, sidewalks, drainage improvements & utilities, eedin of expose an or)na
li. Spot Grades & Finish Floor Elevations for all existing &
pl oposed structures,
I. Location of proposed Swimming Pool and discharge ring. AINAdE INSP
J• Location of proposed Soil Stockpile Areas. ontact TOS En
g 015 ARE REQuIf(ED
k. ARE RE
Location of proposed Construction Entrance/StagingArea(s). aCkfill, OR p e ore
I location of ro osed concrete washout area(s), that the dra' It
kation
'R Location of all proposed erosion&sediment control measures, 1--T FlIbLdned tO Code.
Z Sio-mwaterManagement Control Plan must Include Calculations showing
Ihat the stoi mwater improvements are sized to capture,store,and Infiltrate
on->ite the run-off from all impervious surfaces generated by a two(21 Inch
rainfall /Storm event.
3 Details& Seclional Drawings foi Stormwater practices are required for approval,
Ilem5 requiring details shall include but not be limited to:
a Eioslon & Sedirnenl Controls,
MAY 1 U 2017
b Construction Enti ante & Site Access.
c. Inlet Drainage Structures (e.g.catch basins, trench drains,etc.)
d Leachinq Sti uctul•es (e. . infiltration basins,swales, etc,)
t�l, i..�til?.I•.I•.�3 I :, uf�.!>;>,I�rlvil:;Nr tJSr: ONLY""��*•' ... .. . ._ ... _..:i: ...._�........ :.::::::::-::,:::;.:::•:�.w.::,:� . . ..w . . . • ••
Additlonal information is Required.
Reviewed &
AppiovedBy: I Stormwater Manageme t Control Plan is Not Complete.
—
- - -• — — — — — — — —
-- - - - - - - - - - — —
Stormwater Manageme t Control Plan is Complete.
Dale 1 SMCP has been approvyd by the Engineering Department,
� I
FORM ' SWCP Check List -TOS MAY 2014 !
i
EROSION &SEDIMENT CONTROLS
Shall include but not be limited to:
A well rr?aintained Construction Entrance,
Wire Backed Silt Fencing,stabilization &
'-seeding of exposed and/or inactive soils.
Twin Fork Landscape Contracting Inc.
3405 Coit Lame Cutchogue Ny 11935
DRAINAGE INSPECTIONS ARE REQjAfRED nforklc@optonline.net/631-734-6634
Contact TOS Engineering at 765-1560 before
Backfill, OR Provide Engineer's Certification __ ___ - -
that the drainage has been installed to Codg.___
1
WetLands
WetLands
1
1 ,
1 •� 1
I ,
1
�1 ndigenous Plantings �
ndigenous Plantings ;
Existing Turf to be Removed -; .' ^
4'x2'Precast Drywell Alt Existing Turf to be Remove
4'x2'Precast Drywell I
4"SDR Plumbing - ' —► -�, "� ;
ExistingFrench D
rain >r�f�,
t a t�i'y�: fx.f' • CD
1
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Board u;
- 1 ar. SL .�.$^tl,.•,A.I�r <. r.f'S�'«;"`..ib�ti�'4..a.i� '�,�,4 ' 1
J.try`M41 ♦
APPROVED BY : k :3ry
S� •�4r;5"!a BOARD OF OF TRUSTEE$.
TONIN-OF SOUTHOLD
Ward Residence
/q, hAly ' 4075 Stillwater Ave
- Ciatcho�ue, NY 11935
APPROVAL OF STO MUIIATER MA AGEMENVecember 16, 2013
COO�i T RO P N - o n Cod a t 236
-- -
Date-
Approved
Approved by:
SURVEY Of LOT 1 2 * 13 N
MAP OF PROPERTY PF M.5. HAND
FILED SEPT. I G, 1930 FILE NO. 730 ;a�
SITUATE: CUTCHOGUE
TOWN: SOUTHOLD
SUFFOLK COUNTY NY
SURVEYED 07-02-2013 %
>�y
SUFFOLK COUNTY TAX#
1000-37 - I -8.1 0 `"0
IA
CERTIFIED TO °
ROY R.WARD II
y
O070n �}
' tt` Y G I fi
ao O ' \p�0p0`� >rn
rn
O -
W 7\ 1/ 1 =r rr
G(� ♦ 11, IL QQ
a
�= a� O Q
!V \ � N 1 •� 1 1 � r
000 \ \0 2 a moa 303
° \,0�
d j_
\-O� °�P��PCO
° i\' Zm o LOT COVERAGE CALCULATIONS
S1/0 LOT AREA TO H.W.M= 31 ,334 SQ. FT.
S��J �o \\-A� WETLANDS= -903 SQ. FT.
// LOT NET= 30,431 SQ. IT.
0�c� v0V 2 STORY FRAME HOUSE= 2,565 SQ. FT.
STONE PATIO= 1 ,018 SQ. FT.
'9 COVERED PORCH= 492 SQ, IT.
2 STORY FRAME GARAGE= C98 SQ. FT.
LOT COVERAGE= 4774 SQ. IT.
LOT COVERAGE= 15.C9%
ALLOWABLE= 20% OR C,08C SQ. IT.
��4'q .�0. REMAINING= 4.31 % OR = 1 ,3 12 SQ. PT.
O K "Unauthorized alteration or addition to a survey
r NOTES: _ ®� �'/A, mop bearing a tion 7tl 1, s surveyors seal is a
G �s� JOHN C. E h LE RS LAND SURVEYOR y violation of section 7209, sub-tliws(on 2,of the
�i�, - �+ c ,[� New York State Education Law.
/� On 6 —x X WIRE FENCE �Y�o[\ v, ` �` 'Only copies from the original of this survey
p® marked with an original of the land surveyor's
WOOD FENCE C9 N °� stamped seal shall be considered to be valid true
��(rS SpA copies
2� C EAST MAIN STREET N.Y.S. LIC, NO. 50202 `Certifications indicated hereon signify that this
C,pg Area = 31 ,334 S Ft. 2 survey was prepared in accordance with the ex-
bash Sq.
RIVERHEAD, N.Y. 1 1 901 3G9-8288 Fax 3G9-8287 / t ' fisting Code of State
Land surveys adopted
by the New York State Assss ociation of Professional
Area = 0.7 193 A
9,�L �} Q Land Surveyors said certifications shall run only
— to the personfor wham the suave s eared,
GRAPHIC SCALE I"= 30' Iongislandland5urveyor.com 'LSF p b h�� and on his behalf
to the stile company, go ernmen-
`_ sal agency,and lending institution listed hereon,and
OCANDSv to the assignees of the lending institution Certifica-
tions are not transferable to additional Institutions
4/29/2013 11J 0101 a Usn.\.bin rnta\M Dropoor 13VJ-dal o
SURVEY Of LOT 12 * 1 3 N
MAP OF PROPERTY PF M.S. HAND
FILED SEPT. I G, 1930 FILE NO. 730 �ao�
SITUATE: CUTCMOGUE �o�rn` s� w ® E
TOWN: SOUTMOLD ;�o a ,.
SUFFOLK COUNTY, NY
,,oz 1 FT S
SURVEYED 07-02-2013
OFF5ET5 REVISED 8-12-13
SUFFOLK COUNTY TAX#
1000-37- I -8.I ;/ .\ oa ;o �� ��G`. S> o
- o
CERTIFIED TO / / \ �` d� �W v ID
ROY R.WARD II
0,A `•''; \ �` OAK \`\ � � n
from ZBA O
Dep copy . ,. , wOpO
Bldg ents N Z x T
d datum -c+ -24'4-r
Final review q >
0� + T
ZBA File# � 90° N '� `
Date: I w �k9 �� 11 11+ 1 f I(_D
ZA0 �.O B, 0 _y33`r ,/ 1[\ [�Q� ,
_aZ I tp
p�R' ? O5 a u Cn b i 523 i L °rp -r I O m
Q C9 t
r s� O i 4� -- i iCO p
w nT O
1 \ O 2 ,LO �• i' I I I W
0
o� 12,( F \,O
o e2�, .-% �,O GP
o � Z 6 F6� LOT COVERAGE CALCULATIONS
�jo WETTIAREA TO H.W .M= 3 I X903 SQ. FT.
�ZO�v \ LOT NET= 30,431 SQ. FT.
0 \O'\ \ 2 STORY FRAME HOUSE= 2,565 SQ. FT.
STONE PATIO= 1 ,018 SQ. FT.
COVERED PORCH= 492 SQ. FT.
2 STORY FRAME GARAGE= G98 SQ. FT.
c�s LOT COVERAGE= 4774 5Q. FT.
LOT COVERAGE= 15.G9%
ALLOWABLE= 20% OR G,08G SQ. IT.
141 16)•QQ� � REMAINING= 4.3 1% OR 1 ,3 1 2 SQ. FT,
'ap bearing alteration or addition 's a survey
map bearing a licensed land surveyors seal Is a
/ N violation of section 7209, sub-division 2,of the
s�
NOTES: J O h N C. E H LE RS LAND SURVEYOR ��®�.EHE New York Slate Education Law
XX WIRE FENCE �. .Z. F��� 'Only copies from the arig nal of this survey
—fl---- WOOD FENCE '� marked with an original a the land surveyor's
stamped seal shall be considered to be valid trueies-
ES O copies
'O 'Certifications indicated hereon signify that this
ti�c�9G 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 it
q� Area = 31,334 S Ft. survey was prepared a orcLand Se with the ted
- S �' fisting Code o1 Practice for Land Surveys adopted
Area = 0.7 193 Acres RIVERHEAD, N.Y. 1 1901 3G9-8288 Fax 3G9-8287by the New York Slate Association of Professional
Land Surveyors Said certifications shall run only
p GRAPHIC SCALE 1 I'= 30i
to the person for wham the survey is prepared,
longislandlandsurveyor.com 150`� 2 J and F� his behalf to the title company,governmen-
ag
s � lal agency and lending institution listed hereon,and LAND`�� to the assignees of the lending institution Certifica-
t
i
on
s
are not transferable to additional Institutions
4/29/2013 1-01MI C Usttf JMn\pxummla\N Droppoa\IJ I}Ial o
WARD 137-1-8.1
AS BUILT Stone Patio Dimensions as provided on attached to scale 7/2/13 survey, 1018 sq ft including
steps actual patio is 18 x50,steps and landing 118 additional sqft.
4075 Stillwater, Cutchogue,
WARD RESIDENCE PATIO LOOKING NORTH
ro�r
' RESIDENCE • • LOOKING SE
t � j
s
A'/ RESIDENCE PATIO SOUTH
-.�' �r� � 'fir •,�, , �. •
i
• o � r
4075
WARD RESIDENCE -CORNER • PATIO NW
I.
WARD RESIDENCE -
• LOOKING NORTH
F
WARD RESIDENCE
f
• LOOKING NORTH
r
• n�
4075 Stillwater, Cutchogue,
. •D RESIDENCE PATIO
•, RESIDENCE PATIO STEPS
►.;� try -... - ,' !' `_
T y�,
As-Built Patio Plans for the
WARD RESIDENCE
4075 Stillwater Avenue
Cutchogue NY 11935
APPROVED AS �ICTED tvc'�l 'y',��i-:4: S? .Ti- & TOWN CODES
DATE:
` ® B.P. ` �, ! REOL P,94i 001_5 . ; i 1
- SHEET INDEX AAA3t
FE
� BY'
Cover Sheet NOTIFY BUILDING ��r:.RTMEf�s'T ATSOl ,�
i rr ^''^';,,, ,ivl i BOARD
C1 Survey 755-1302 a AM To 4 PM FOR THE 4�, TEES
Al Patio Plan FOLLOWING INSPECTIONS: -
1. FOUNDATION - TWO REQUIRED
A2 Elevations FOR POURED CONCRETE
2. ROUGH - FRAMING & PLUMBING
A3 Section Details 3. INSULATION ""'AMPANCY OR
A4 Site Photos 4. FINAL - CONSTRUCTION MUST
BE COMPLETE FOR C.O. � E I U L FUL
ALL CONSTRUCTION SHALL MEET THE
REQUIREMENTS OF THE CODES OF NEW WITHOUT CERTIFICATE
YORK STATE. NOT RESPONSIBLE FOR
DESIGN OR CONSTRUCTION ERRORS. OF OCCUPANCY
ARCHITECT D Mcls�VIE
D
Dean Newins, AIA
5629 Melody Lake Drive APR 1 9 2017
Edina, MN 55436
BUILDING DEPT.,
TOWN Or SO TTHOLD ,�EF�ED ASC
SGOTT 41 �®J.
��, 0
0
tP =
k
030.31 CoA
F OF N��'
fi
4 �
'''t
. �•, � ..� /. .yam �+
114
+% 0 h
+' %
OQ � 1
N � ` • 4 t w .vr r �}
Z010
.fTAt � ► t
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xc,
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0 a r
0!6to wPw 1` A�Q �
Q � 62.3y ' 10 i i U
a
! d
LOT COVERAGE CALCULATIONS
LOT AREA TO H.W.M= 31s334 SQ. FT.
WETLAND5= -903 SQ. FT,
LOT NET= 30,431 SQ. FT.
2 STONY FRAME HOUaE= ' 2,565 SQ. FT.
STONE PATIO= 1 ,018 5Q. FT.
COVERED PORCH! 492 SQ. FT.
2 STORY FRAME GARAGE= 698 50. FT.
LOT COVERAGE-= 4774 SQ. F'.
LOT COVERAGE= 15.69%
ALLOWABLE= 20% 0a 6;OS6 SQ. FT.
0: 1 312 5Q. FT.
REMAINING-- 4.31 % R ,
"Unauthothed atteraticn at addition to 0 Survey
top beating o ticenned fond surveyor S sed 12 a
F�S LE RS LAND 5URVEYOR
^. oration of section 7209,sub—division of the
1 V 1 New York State Education Cew:
'
'Only cap'teg from the angina of this survey
merk-ed rdth an ofighat of the land surveyors
st Unped sed shat be cansidered to be vdid true
+ rj copies
JN ST� N.Y.5. LIC. IVO. 50202 CertiGcotions indieated hereon signirr that this
urvey was prepared in amordartee with the es—
i ting Code of Practice far Land Surveys adopted
), N.Y. 1 1901 369-8285 Fax 369-8287 {,- Qar de y State cert Association °gin U run any
to the person for Wiern the survey is prepared
Iong J islandlandsurve-yor.eorn wd hu Debar to the title company. gaaernmen—
..ii g ay and tendtng institution Gated hereon, and
DNQ Sv to We ossignees of the tending institution. Certitica—
tia s are not transferable to addillmai"crstiluticas
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