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Home My WebLink About5894 ~ ~m~,s u-s-w ',J42l,~. II~ 'I ~'1.~' -il ~89f. ~. ~ ~ - H;"'f/v -08-<-. f Ie} ~- - 0-4 ~ - 0 ~ - Itll-ft /' .' . APP~ALS BOARD MEMBERS . Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . Mailing Address: 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) SouthoId, NY 11971 http://southoldtown.northfork.net RECEI~i5'" or ~6. 1:S4..p.~. AUG I 1 2006 ~~Q~_:t,. Sou'liold Town eler. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2006 ZB File No. 5894 - JAMES BISSETT III Property Location: 55 Cox Neck Road, Mattituck CTM # 113-7-19.23 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 36.96 acres is improved with farm buildings and cultivated land, as shown on the Young & Young survey dated August 14, 2003, amended February 2, 2006. BASIS OF APPLICATION: Building Inspector's March 16, 2006 Notice of Disapproval under Section 100-33A, stating that the height of the new horse barn is not permitted because it will exceed the code limitation of 18 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, at which time written 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: RELIEF REQUESTED: The applicant wishes to construct a new 54' x 80' barn with a peak height at 24.5 feet (24' 6") described on the diagrams prepared by Allied Design Architectural and Engineering Group, P.C. 12/6/05. The location of the proposed barn is with conforming setbacks 156 feet from the most northerly lot line and 60 feet from the easterly lot line, at its closest points. 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 proposed barn will be at a maximum 20 ft. height. The size of the property and setbacks substantially exceeding the minimum required setbacks, and construction of a gable roof, will provide harmony with existing buildings and area, without creating an undesirable affect. 2. The change is not substantial. It amounts to a 2-foot increase in the height permitted in one of several agricultural accessory buildings on a lot containing 37 acres. 3. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other way of designing such a barn consistent with its .P1lge 2 - June 8, 2006 . ZB File No. 5894 - J. Bissett III CTM#113-7-19.23 . intended use-exerclslng horses-- while maintaining harmony with other buildings. Safety considerations dictate a minimum 14 feet clearance for horse and rider. Providing that clearance while maintaining architectural harmony with other buildings On the lot require a 20' height to the mid point of the gable. 4. The difficulty has been self-created and is related to applicant's desire to build a barn for horses. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a horse barn, 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 Simon, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the Young & Young survey dated August 14, 2003, amended February 2, 2006, and construction diagrams prepared by Allied Design Architectural and Engineering Group, P.C. dated 12/6/05. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. Vote of the Board: Ayes: Members ooc:;oman), Goehringer, Dinizio, Simon, and Weisman. Resolution was duly adopted (5-0). /n t1'\ ry ., )"Y. U.Jb..>>.-#v Ruth D. Oliva 8/ to /06 Approved for Filing This . . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25, 2006 PUBLIC HEARING 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 SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, South old, New York 11971-0959, on THURSDAY. MAY 25.2006: 9:40 A.M. JAMES BISSETT III #5894. Request for a Variance under Section 100-33A, based on the Building Inspector's March 16, 2006 Notice of Disapproval concerning a new horse born proposed at a height exceeding the code limitation of 18 feet, at 55 Cox Neck Road, Mattituck; CTM 113-7-19.23. 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 earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 8, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski "t r/ f FORM NO.3 , () 'v' , . v NOTICE OF DISAPPROVAL TO: Bill Kelly for Jim Bissett III 22355 Cox Ln. Unit #4 Cutchogue, NY 11935 Date: March 16, 2006 Please take notice that your application dated March 14,2006 CD 5 fq~ For permit for an accessorv horse barn at Location of property 55 Cox Neck Rd.. Mattituck County Tax Map No, 1000 - Section 113 Block 7 Lot 19.23 Is returned herewith and disapproved on the following grounds: In the A-C District.. , accessor following requirements: 100-33-A: A Such buildings shall not exceed eighteen feet in height. And the construction plans indicate a height of approximatelv 20'. ;1L~~ (]J; ~ Authorized Signature RECEIVED APR 1 7 2006 ZONING ElOAP.D OF APPE.~LS 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. . ' . ~ " . . I, 1"' APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $t..fDlJ, ~Filed By: -.. 3.ill ~ For Office Use Only ~7tn!-ti>1 ", I- - Date Assigned/Assignment No, 5tqtf lfl/7/0J.. ; 21Jf? In , Office Notes: Parcel Location: House No, ~ Street~ ~fLL ~, Hamlet tN:1 1;C (tX-t(. SCTM 1000 Section~B1ocklLot(s)~Lot Size~::1A. Zone District A -L IlR&GEhVED I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDIN DATED: ~- If,-O'=- APR 1 7 2006 I #: ZONING BOAP.O OF APPEALS \ W~~ ~ (6 FTGl-\C,x:;OE.. vfJ -FAy. 7B-l- LeCXD APPlican~/ wner(s)' , 13V e'll U 'I M'I: I; T"-€.-20 allllg Address: 2.z. '3S-S "- Telephone: 7?::>4' J..j~ NOTE: If applicant is llotthe owner, stale jf applicant is owner's attorney, agent, archi ontrnct vendee, etc. Authorized Representative:ffi L tf-, J ~ Address: 7J ~S-S ~ W lJUJ=-rlt-y Lu-tUlt:L.Oe.. MI...{ Telephone: 7Y-t - L.j. [)(JJ fA>( 73>'1- ~tb Please specify who you wish(oyspondence to be mailed to, from the above listed nam,es: D Applicant/Owner(s) (Q..,Authorized Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~'- FOR: ,j Nuiiding Permit D Certificate of Occupancy D Pre-Certificate of Occupancy D Change of Use D Permit for As-Built Construction D Other: Provision of the Zoning Ordinance Appealed, Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article-=.II[ Section 100- O'3>Subsection A Type o! ;)ppeaI. An Appeal is made for: )!tA Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 2S0-A, D Interpretation of the Town Code, Article Section D Reversal or Other A prIor appeal D has)(pas not been made with respect to this property UNDER Appeal No._Year " . . I Page 2 of 3 - Appeal Appllcaflon Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: :::IlC G- r ~I!\'.,J I~tl.:t:.. ~~ F lr~-r CJ1Hf:E- fuuo~ R>e... 0Sf:- €>i~. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the ~~lic_an..! to p'!rsue, other than an area variance, because: 1lr-^ ~ I/~_:?=> -rD e-"/kf'/"T-=-i ~~ ~ /Jfli-D ~ ~p~ ~ 2..) ~€- TI1L ~~ Cf- -rn~ ~ -==0 (3) The amount of relief requested Is not su~stantialbecpU$.e: 4-- I MA~ ~. :P'~ I>?~ LE.~ T/-lAJ.-1 "'Z..' TN ttl, \LlCUL..C:lN" ~ J..JCrru.i:-D D-.l ~ At...PtS (4) The variance will NOT have an adverse effect or impact on thfU)hyslcal or enylrg.nlJ:ll\!r"ltal conditions In the n.~I.9!lb_o!hood or district because: L T \L1:r' I bE. f'A.-e-l a::>t- tv-{ ~/~ tl~ ~ ~ ~lt~ Cx..\ Cf1 A~S (5) Has the variance been self. created? t><f. Yes, or ( ) No. If not, Is the construction existing, as built? ( ) Yes, or )4 No. (6) Additional information about the surrounding topography and building areas that relate to t~ dltflculty In meeting the code requirements: (attach extra sheet as needed) ~~r~~~~~~~~ This Is the MINIMUM that Is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the healfh, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next p STANDARDS. (Please consult your attorney.) erwlse a roce notarv area below. BONNIEJ. DOROSKI Notary Public. Stale Of New Yuill No.OlD06095328.Suffolk~ntr Term Expires July 7. 20--L4- ZBA App 9130/02 , . . Page 3 013 - Appeal Application f~ ParlS: REASONS FOR USE VARIANCE ("reauested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project Is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property Is located, demonstrated by competent nnanclal evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). r_ "(1U:.? :I'=:> t'De.. ~VA.-r€... LJD~ 2. The alleged hardship relating .tQJhe .p'roeertv J$ u_n~l!.e b~.a.!:!sl!!: (c J .-,.. ./.'" ~ ~ 1>6 A ~A""1~ ~ ~ ~fW;;-~~) I-\~ hJD ~ ~e... ILl' N-MJ" ~ 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: :IT r~ ~ -rn~ c>. z.. <7'6 OF -n-J.E ~<-1 4. The request will not alter the essential character o1!,hp~orhood because: I-I~ ~PCti~ At...1D ~ i?-i:f:b-r 5. The alleged hardship has not been self. created because: H~K7 ~ ~ ~~L1 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separale sheet il necessary.) y€..~ 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessaryJ "Tl*- ~ ~ fOe. A24:~ ~ A/..JD ~ F-f.,.X'~0 A"5:::, V-iiti-L.. A'=> ~ ~ \LIJ:7H ~ ~. ( ) Check this box and compiete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your att rney.) Otherwise. ciease croceed to the slanature and notarv area below. na r of (Agent sub BONNIE 1. DOROSKJ Notary Public. State Of New Vort No.0ID06095328,Suffol~Cppnty Term Expires July 7, 20...1L..L-- or Authorized Agent uthorlzatlon from Owner) ZBA App 9/30/01 .J . . APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) APPlicant:~ ~ Date Prepared: ..J ~ 12 - Clk, I. For Demolition of Existing Building AreaA Please describe areas being removed: ~ II. New Construction Areas (New Dwelling or New Additions/Extensions): D,rn,~;~ of _ 000' ,,"~""' ~:~ ~ DimensIOns of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Z I h" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: I-J A III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: JJ)\, Number of Floors and Changes WITH Alterations: ),.1f>.. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ZZ I t.{b1 ~F". Proposed increase of building coveJll~e~~ ~. Square footage of your lot: 31. '1'- II 7t:7Z...1 CJCO Percentage of coverage of your lot by building area:Aft . '7h :s. 1; V. Purpose of New Construction Requested: VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the ~iffiCUI in meeting the code requirj1?~: . V'f;J .vL.SLA-r T~ 5 -L, '8 /JPE . Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing bnilding area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 ~ t[D ~t- -' . . QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? DYes ~No B. Are there any proposals to change or alter land contours? DYes ~o C. 1) Are there any areas that contain wetland grasses? jJC) 2) Are the wetland areas shown on the map submitted with this application? J\1C:> 3) Is e property bulkheaded between the wetlands area and the upland building area? 4) If your property c.ontains w~tlands or pond areas, have Yllu contacted the office ofthe Town Trustees for Its determmatlOn of JU1J~di.ctlOn? JJ A Please confirm status of your inquiry or application with the Trustees: ~ D. Is there a depression or Slam elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete baniers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? -1J[) (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applIcable.) F. Do you have any construction taking place at this time concerning your premises? lJt:) If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? IJD .._ If yes, please label the proximity of your lands on your map with this application. H. ~D~ /PaWt-d:- I 2/05 1\" ~<{ '1;'6 ~ ~ ~ 'c:c snSH.,",.1l2 --L,,~ em!!!. eN ,I ~ ~ ~;j. d , , ! i , . - e ! ~ F -----r--~-~ SEESEC.NC.U( I ~"---~Z<~ ~. rQIY>~,s S-f W ',J4- 2J., ~- II~ if ~<f.",1 .-J! ~89f- ~. ~ ~ - !I~fJv 'UtJA. f kf -..\-- o-~-- 0(" -Iffl-fr //