Town of Southeast
Putnam County - State of New York
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Frequently Asked Questions
The following comments are for information only, and are not complete versions of the applicable Town Code regulations. Before performing any  work on a new or existing structure, please call the Building Department at 279-2123, or Zoning Enforcement Office at 279-8873 for complete  information.


Q: I want to construct an addition, attached garage, or deck to my house. What are the required setbacks to the property lines?

A: It depends on your Residential Zoning District. Here are the requirements for the various Residential Districts in the Town:

District                Minimum Lot Size        Front Setback           Side Setback            Rear Setback

R20                     20,000 sq. ft.                 35 ft.                   20 ft/side, 50 ft. Total              35 ft.
R40                     40,000 sq. ft.                 50 ft.                   25 ft/side, 70 ft. Total              50 ft.
R60                     60,000 sq. ft.                 50 ft.                   30 ft/side, 75 ft. Total              50 ft.
R80                     80,000 sq. ft.                 50 ft.                   30 ft/side, 100 ft. Total           50 ft.
R160                 160,000 sq. ft.                100 ft.                100 ft/side, 200 ft. Total           100 ft. 
If the above minimums cannot be achieved, you may apply for a Variance from the Zoning Board of Appeals.


Q: Does a storage shed (or detached garage, basketball court, swimming pool, barn, corral, etc) require a Building Permit?

A: Yes. Any accessory building or other structure over 48” high requires a Permit, and must be located at least 20 feet from the side or rear property line and be separated from the main house by 15 feet or the height of the structure, whichever is greater. Only plantings, and walls and fences with Permits, are allowed within 20 feet of the rear or side property lines. No structures are allowed in the Front yard, which extends either 35 or 50 feet from the front property line, depending on the Zoning District.


Q: What regulations apply to swimming Pools?

A: All swimming Pools require a Building Permit. For all pools with water depths of 24 inches or more, State Building Code requires they be enclosed by a 48” high fence with self-closing gates. An above-ground pool with walls over 48” above the adjacent ground level does not require a fence, but must have a removable ladder. Call the Zoning Enforcement office for fence specifications.

Q: What’s the difference between a Building Permit and a Certificate of Occupancy?

A: A Building Permit, which is issued after an application is reviewed by the Building Department, allows the work to be done. No work can begin until the Building Permit is issued.
Before the structure can be used, all inspections must be completed satisfactorily and a Certificate of Occupancy issued by the Building Department.


Q: Can I put up a fence or wall without a Permit?

A: All fences and walls require a Permit. Allowable fence and wall heights differ between Zoning Districts:
·       R20 – 36” maximum height across front property line and for a distance of 35 feet along each side property line.
·       R40, R60, & R80 - 36” maximum height across front property line and for a distance of 50 feet along each side property line.
·       R160 -36” maximum height across front property line and for a distance of 100 feet along each side property line.
In all Residential Districts, a fence or wall up to 72” high is permitted on the balance of the side property line and on the rear property line.

To allow for maintenance, the fence or wall should be set in 1 – 2 feet from the lot line. There is no regulation that defines which side of the fence faces the adjoining property.


Q: Can my child operate an ATV (quad, minibike, trailbike, snowmobile, etc.) in Town?

A: Only under the following conditions:
On his or her own property not closer than 100 feet to the property line.
On someone else’s property only when carrying written proof of approval granted to the operator by name.
Not before 9:00 am. Not after 7:00 pm or sunset, whichever is earliest.
Not in a careless, reckless, or negligent manner.
On the road only if the operator is licensed and the vehicle is registered with the DMV.


Q: Can I park a truck on my property?

A: Personal use pickup trucks and vans up to 5000 lbs GVW that are not for commercial use can be parked outdoors.
Commercial vehicles (work trucks, trucks with lettering or racks, etc.) up to 5000 lbs GVW are permitted in a Residential Zone, but they must be stored indoors.
Commercial vehicles over 5000 lbs GVW and all construction equipment are allowed in a Residential Zone only while work is in progress.


Q: I’m building a race car. Can I work on it in my driveway?
A: The outside storage of inoperative, unlicensed, and/or unregistered motor vehicles and the outside storage of all automotive parts are prohibited.


Q: Can I have a business in my home?

A: Certain “home occupations” are allowed in Residential Districts only with a Special Permit from the Planning Board. Home occupations include personal services such as dressmaking, millinery, and home cooking. A doctor, dentist, lawyer, clergyman, or other member of a recognized profession may have an office in a Residential District only with a Special Permit from the Planning Board.
Beauty parlors, barbershops, hairdressing, and manicuring establishments are not home occupations.


Q: Can I park my RV or boat in my yard?

A: Yes. One unoccupied RV or boat up to 35 feet in length can be parked. It cannot be parked within 20 feet of the side or rear property line in most Districts (100 feet in R160 District), or within 35 feet (R20 District), 50 feet (R40, R60, R80 District) or 100 feet (R160 District) of the front property line.




Q: I want to keep some animals on my property. What regulations apply?

A:       Horses - 1 horse or pony for the first 2 acres, then 1 per acre up to a maximum of 15 horses.
        Chickens – on lots up to 5 acres: 2 chickens or similar poultry; no roosters
                           On lots over 5 acres: call Zoning Enforcement Office.
        Household Pets – limited to 3 dogs and 5 cats over 6 months old.
All structures, coops, barns, doghouses, etc, that house animals require a Building Permit application


Q: Does the Town permit mother/daughter apartments?

A: In Residential Districts, Town Code allows only a single-family house, or a single-family house with an Accessory Apartment after approval by the Planning Board.
No rooms can be converted to use as a bedroom without a Building Permit and approval from the County Board of Health for properties with septic systems, or from the Town Special Districts Administrator for properties with central sewer service.
To avoid conflict with the Zoning Code, contact the Zoning Enforcement Office for the specific regulations that apply to your property.


Q: My house was built before the Zoning Code was established in 1955. If it burns down, can it be rebuilt on the same footprint”?

A: Yes, if it is destroyed to less than 50% of its fair market value.
If the structure is destroyed to a greater extent, the new structure must conform to current setback specifications for the Zoning District in which the property is located.



Last Updated: Friday, Sep 24, 2004


Town Hall: 1360 Route 22, Brewster, NY 10509
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