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Home My WebLink About5700 '~APPE,ALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net RECEIVED BOARD OF APPEALS ~ I~:~/~x TOWN OF SOUTHOLD '~ MAY 2 § 2005 Tel. (631) 765-1809 ° Fax (631) 765-9064 MEETING OF MAY 12, 2005 ZB Ref. 5700 - KRAUSE FAMILY TRUST Property Location: 12120 New Suffolk Avenue, Cutchogue CTM 116-6-10.2. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 52,274 sq. ft. parcel has 110 feet along New Suffolk Avenue, and is improved with a 2'~-story frame dwelling and accessory barn and masonry building, as shown on the October 22, 2003 survey prepared by John C. Ehlers. BASIS OF APPLICATION: Building Department's November 8, 2004 Notice of Disapproval, citing Sections 100-242A, 100-33C, 100-31A in its denial of an application for a building permit for additions and structural alterations to existing accessory barn. The roasons stated for disapproving the application are that: (1) building is designed for a second dwelling use, and (2) there will be an increase in the degree of nonconformity with setbacks at less than 50 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 4, 2005 at which time wdtten and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a 10 ft. by 38 ft. addition at the east side of the existing two-story frame accessory barn, which is proposed to be setback approximately 16 feet from the front (north) lot line and 14 feet from the side (easterly) line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition wil be one-story and will be sets back further from the road than the existing two-story barn. The addition will have a shed roof; no living or sleeping quarters aro being added. The barn is not proposed as a second-dwelling or for sleeping quarters. The applicant proposes to modernize the building and to continue the use of the ' Page '2~- May 12, 2005 · ZB Ref. 5700 - Krause Family Trust CTM I~: 116-16-10 barn as an accessory for the owner's storage and past use by the family for sports and exemise equipment in a room upstairs, with storage, and as a barn downstairs. 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 barn has been in its present nonconforming location since prior to the start of zoning in 1957. According to the Walz decision (Appeal No. 5039), a variance is necessary to do any additions in a new nonconforming setback. 3. The variance granted herein is not substantial. The existing side yard will remain the same and the new construction will be set back an additional 10.5 (+-) feet from the front lot line. 4. The difficulty has not been self-created. The front yard setback has existed long before it became nonconforming by town zoning. 5. No evidence has been submitted to suggest that the relief requested will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the October 22, 2003 survey, amended 11/3/04 by John C. Ehlers, and Site Plan last-dated November 1, 2004, prepared by Hottenroth-Joseph, Architects, SUBJECT TO THE FOLLOWING CONDITIONS: 1) That the barn building remain accessory, without sleeping or living area; 2) No kitchen shall be added in the accessory (barn) building 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, , Dinizio, and Simon. Goehringer was absent. This Resolu~ was duly adopted (4-0). Ruth D. Oliva, Chairwoman 5/.31c/05 Approved for Filing Member 51'TUATE.. CAJ'T~ .SUPt=OLK C, OL~'T~, N 0 PIPE FOUND JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STRI~T N.Y.S. LIC. I~O. 50202 RIVERHEAD, N.Y. 11901 369-8288 F~ 369-8287 REF.\kHp servefid~PROS\03 -~ 9B .pro LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, MAY 4, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Wednesday, May 4, 2005, at the time noted below (or as soon thereafter as possible): 10:30 AM KRAUSE FAMILY TRUST #5700. Requests for (a) Reversal of Building Department's November 8, 2004 Notice of Disapproval concerning its determination that the building is designed for a second dwelling use, and (b) Variance under Sections 100-242A, 100-33C, 100-31A, for additions and structural alterations to existing accessory barn which will increase the degree of nonconformity with setbacks at less than 50 feet from the front lot line, at 121~New Suffolk Avenue, Cutchogue; CTM 116-6-10.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start eadier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 11, 2005. Ruth D. Oliva, Chairwoman Board of Appeals FORM NO. 3 TOWN ~)F SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF D~[SAPPROVAL DATE: November 8, 2004 TO: Bradley Krause 1212 New Suffolk Avenue Cutchogue, NY 11935 Please take notice that your application dated November 3, 2004 For permit to make additions and alterations to an existing accessory building at Location of property: 1212 New Suffolk Avenue, Cutchogue, NY County Tax Map No. 1000 - Section 116 Block 6 Lot 10.2 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 52,272 square foot parcel, in the Residential R-40 District, is not pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing cc~r¥ b~ildin~l~otes an existing ~,,~tback of 6 feet, the proposed addition notes a front yard setback of+/-16.5 feet. Pursuant'fo the ["l:lA's interpretation in Walz (#5309), such additions and alterations thus constitute an increase in the degree of non-conformance. Therefore, the proposed additions and alterations are not permitted pursuant to Article III Section 100-33C which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this code." Principle building setback, per bulk schedule, is 50 feet. Furthermore, the propose~d alterations are not permitted pursuant to Article III, Section 100-31 A, which states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no buildine or part of a building shall be erected or altered which is arranged, intended or desimaed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dw, ellines, not to exceed one dwelline on each lot." The accessory building constitute~, a second dwelling unit. ature 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. Fee: $~b0~ Filed By:L~_~!/X~i~)ate Assigned/Assignment No. ,~7~ Office Notes: Parcel Location: House No. 12120 Street New Suffolk Avenue Hamlet Cutchogue SCTM 1000 Section 116 Block 6 Lot(s) 10.2 Lot Size acres Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED:_ November 8, 2004 Applicant/Owner(s): BRADLEY KRAUSE, Trustee Mailing Address: c/o Wickham, Bressler, Gordon & Geasa, P.C.P.O. Box 1424, Mattituck, NY 11952 Telephone: 631-298-8353 Fax:631-298-8565 Note: If applicant is not owner, state if applicant is owner's aaomcy, agent, architect, builder, connact vendee, etc. Authorized Representative: AbiRail A. Wickham, Eso. Attorney Address: P.O. Box 1424, Mattituck, New York 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED: 11/3/04 FOR: X Building Permit [] Certificate of Occupancy []Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article Section, Subsection and paragraph of Zoning Ordinance by number. Do not quote code. Article XXIV Section 100-242A and Article III Section 100-33C III Section 100-3lA Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law,Section 280-A. [] Interpretation of Town Code, Article Section X Reversal or Other Aoolicant maintains barn is not a second dwellinR unit A prior appeal X has [] has not been made with respect to this property UNDER Appeal No.2522 Year 1979, when subject property was subdivided from the adjoining property. Permission was granted for insufficient area and width on the adjoining lot. The two family use of the original residence on the subject property was long ago converted to single family, as required by the ZBA as a condition to granting the variance. The barn will not be used as a second dwelling. Forms/varappkrause Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REA$ON$ (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or u detriment to nearby properties, if granted, because: The proposed one story addition ou the east side is relatively small and will be set back further from the road than the two story barn. It will have a shed roof which blends with the existing building. No living quarters are being added. Contrary to the Building Department's characterization in the Notice of Disapproval, the barn is not a second dwelling unit. Although it was at one time, it is now used as a game room, sports and exercise room, and storage upstairs and a barn downstairs. Applicant intends to modernize the building and continue those uses. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: To put the garage addition on the south side, in order to meet the setback requirements, would obstruct the barn entrance and parking area. (3) The amount of relief requested is not substantial because: The garage addition will be further from the road than the existing barn and is a narrow (10') one story structure. No substantive changes except a gardener's bathroom, heat, and decorative renovations are being added to the barn itself. There is no kitchen. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No additional units are proposed. (5) Has the variance been self created? ( ) Yes or ( X ) No. If not, is the construction existing, as built? ( ) Yes or (X) No. (6) Additional information about the surrounding topography and building area that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) Applicant's large residence has sufficient room for dwelling space. The upstairs rooms and game room pre- existed the zoning code. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. ( N/A ) Check this box and complete Part B, Questions on next page to aoolv USE VARIANCE STANDARD. (Please consult your attorney.) Otherwise, olease oroceed to the signature and notary area below. Swo~,9 to before me this ,/~d~ of ~arch 2005. Notary Public ~ Sig~ture of Appellant or Auth.oi'iz~l Agent (A~ent must submit Authorization from Owner) ZBA app 9/30/02 DONNA Mo~I,HAN 14ot~y.Publlo, 8rote of New Yo~ No. 01MC,4851459