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Home My WebLink AboutZBA-08/14/1997APPEALS BOARD MEMBERS '~ Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Toaora Maureen C. Ostermann BOARD OFAPPEALS TOWN OFSOUTHOLD Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, AUGUST 14, 1997 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 14, 1997 commencing at 6:45 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, ZBA Secretary Absent was: Member Serge Doyen (Fishers Islemd). 6:45 p.m. Chairman Goehringer called meeting to order. AGENDA ITEM I. PUBLIC HEARINGS: An introduction was given for each application to be heard tonight by the Chairman, and all testimony was received as noted in the written verbatim transcripts prepared separately for the permanent record. 6:48 p.m. Appl. No. 4497 - NOREEN TOSCANO. This application is a request for a Variance, based upon the Building Inspector's June 20, 1997 Action of Disapproval which states that under Article XXIV, Section 100-244B, Article IIIA, Section 100-30A.3, the rear yard setback on a lot in an R-40 Zone with less than 20,000 sq. ft. shah be 35 feet and the deck construction exceeds allowable lot coverage. Location of Property: 5225 Peconic Bay Boulevard, Laurel, NY; 1000-128-1-12. Noreen Toscano spoke in behalf of her application. After receiving testimony, Motion made by Chairman Goehringer, seconded by Member Ostermann, and dniy carried, to close the hearing. (Also, see decision adopted later in the meeting, attached as final pages of these Minutes, and separate Transcript of verbatim statements made during this hearing also filed with the Town Clerk's Office for permanent recordkeeping. Page 2 - MinuTes ~J August 14, 1997 Regular Meeting Southold Town Board of Appeals 6:50 p.m. HEARING POSTPONED/RESOLUTION: Appl. No. 4356 - MARTIN KOSMYNKA. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to grant a postponement as requested by applicant to September 11, 1997. This resolution was duly ADOPTED (4-0). 6:50 p.m. Appl. No. 4494 - ANTONIO PIRAINO. This application is based upon the Building Inspector's June 1997 Action of Disapproval, for a Variance under Article III, Section 100-32, Bulk Schedule, permission to place new dwelling with insufficient front yard setback from right-of-way which passes through center of applicant's property, and reduced rear yard setback. Location of ProperTy: 3637 Right-of-Way off the west side of Cox Neck Road, Mattituck; 1000-113-3-2.3. Zone: R-80. Both Mr. Piraino and Mr. Schermi, Builder for applicant, spoke in behalf of this application. After receiving testimony, motion was made by by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. (Also, see decision adopted later in the meeting, attached as final pages of these Minutes, and separate Transcript of verbatim statements made during this hearing also filed with the Town Clerk's Office for permanent recordkeeping. 7:00 p.m. Appl. No. 4492 - WALTER KLEIN. The Chairman opened the hearing and asked if anyone was present that wished to be heard on this application, and in receiving no response, offered a resolution, which motion was seconded by Member Ostermann, and duly carried, to RECESS this hearing until September 25 1997 at 6:45 p.m. This resolution was duly ADOPTED. ' 7:02 p.m. The Chairman left the room at this point to return to the ZBA office for the E. Sievernich file for the next hearing. The Chairnmn returned at 7: 04 p.m. 7:04 p.m. AGENDA ITEM II. SEQRA RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, the following applications were confirmed to be Type II as minor projects: Toscano, Kosmynl~a, Pir~ino, Klein, Sievernich. This resolution was duly ADOPTED. AGENDA ITEM V-A. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to ADVERTISE the following additional new applications for public hearings to be held September ll, 1997: 1) Spec. Exception - Hay Harbor Club, Fishers Island. 2) Appl. #4504.JD - Eleanor Corwin (lot creation waiver) Page 3 - Minutes v August 14, 1997 Regular Meeting Southold Town Board of Appeals 3) Appl. #4505.LT - Joyce Grattan (setbacks) 4) Al)pl. #4356.GG - Martin Kosmynka (carryover). 5) Appl. ~4068.JD - Eleanor Sievernich. This resolution was duly ADOPTED (4-0). AGENDA ITEM V-B. RESOLUTION. On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to ADVERTISE the following additional new applications for public hearings to be held September 25, 1997: 1) Appl. #4506.MO- E. Mulligan 2) Appl. #4507.GG- Zevits (Three waivers, four lots) 3) Appl. #4492.LT - Walter Klein. This resolution was duly ADOPTED (4-0). AGENDA ITEM V-F. Bell-Atlantic/NYNEX project at Orient. After a brief review for updates, the following RESOLUTION was adopted: On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to calendar the application of Bell-Atlantic/NYNEX project at Orient, for updated review of possible amendments by applicant under the pending code revisions, after an updated review at the next Board of Appeals meeting of September 25, 1997, at which time a further resolution will be offered to possibly authorize a public hearing date either: (a) on the existing application, or (2) on any possible application amendments received from applicant on or after 8/17/97, the date the pending Moratorium on telecommunications tower applications will end, and/or other action as deemed appropriate depending upon the actual zoning law in effect on the day of the next meeting, to wit, September 25, 1997. AYES: Members Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly ADOPTED (4-0). PUBLIC HEARINGS, continued: 7:10 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. Variance for upland area is ]ess than 80,000 sq. ft. per lot; Article XXIII, Section ]00-239; Article III, Section 100-32 in this proposed two-lot s. ubdivision Page 4 - Minutes August 14, 1997 Regular Meeting Southold Town Board of Appeals at 3200 Cox Neck Road, Mattituck; 1000-113-8-5. Total acreage: 3.5+- acres. Zone District: R-80 Residential. lYlrs. Sievernich appeared with her attorney, Anthony Saivatore, Esq. regarding her pending application. Speaking against this application were Abigail Wickham, Esq., attorney for C. Sidorwicz, owner of the northerly adjoining property. Noted for the record was a letter received from Mrs. Eli Frumkin requesting a postponement in order to consult an attorney. At the end of receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to RECESS and continue this hearing on September Il, 1997. VOTE OF THE BOARD: AYES: GOEHRINGER, TORTORA and OSTERMANN. NAY: MEMBER DINIZIO (did not want to postpone). This resolution was duly ADOPTED (3-1). INFORMAL DISCUSSION: Several persons were present regarding a local business (MULLEN MOTORS INC.) The persons appearing said they were told by planning staff in the Town Hall to attend tonight before the ZBA with their concerns. The Chairman responded that there is no application pending at this time with the Board of Appeals, although there are reviews by the Town Board and Planning Beard under the change of zone application. In the event an application should be filed with the ZBA by Mullen Motors, then this project would be advertised and held for public hearing, at which time comments will be able to be received. PUBLIC HEARINGS, continued: 7:35 p.m. The Chairman opened the hearing and read the legal notice and application for the record regarding: Applications 4485-V and 4486-SE, BELL-ATLANTIC]NYNEX by Rich~,-d Weyhreter (Owner: A Rehm). Location of Property: 425 Westphalia Avenue, Mattituck, NY; County Parcel No. 1000-I41-3-34. Applicant is requesting: (a) Special Exception under Article XIV, Section 100-141 (100-31B-6) for placement of a new tower and building for public utility cellular transmission service, and (b) Variances based upon the Building Inspector's April 29, 1997 Action of Disapproval, which states that "...this lot is in an LI Zone District and has a lot area of approximately 13,400 sq. ft. Presently there is an existing building and use. The proposed building and addifionai use would require a total lot area of 80,000 sq. ft. in an LI Zone. The proposed construction is required to be set back a minimum of 70 feet from the rear yard and 20 feet from all other lot lines. Zoning Ordinance, Article XIV, Section 100-142 Bulk Ares and Parking Regulations. Owner: Adrienne M. Rehm. The Chairman asked if anyone wished to speak regarding this hearing, and hearing no response, offered a RESOLUTION, to postpone and continue this application until the last hearing on October 9, 1997. Member Tortora offered a second to the motion, and indicated that there Page 5 - Minutes ~ August 14, 1997 Regular Meeting Southold Town Board of Appeals has been an increase in the number of last-minute requests to postpone public hearings, which have been duly advertised in accordance with New York Town Law, Article Seven of the Public Officers Law, and the Town Code of the Town of Southold, and added that re-notice shall be at applicant's cost and be re-noticed pursuant to Town Law requirements, after consultation with the Town Attorney. Chairman Goehringer agreed to amend the Resolution subject to the Town Attorney's approval regarding costs. VOTE OF THE BOARD: AYES: GOEHRINGER, TORTORA and OSTERMANN. NAY: MEMBER DINIZIO, felt the resolution as worded constituted harassment. This resointion was duly ADOPTED (3-1). (Member Tortora agreed to consult with the Town Attorney about the requirement for costs. ) End of hearings. AGENDA ITEM IV-e: Letter received from Jefferson's Temple, Church of God in Christ, requesting that Appl. #4482 be reopened for a new hearing based upon the measurements for the Church pign as exists, measuring from Route 48 Highway to the sign as discussed au the former hearing. A rehearing would nos be permitted unless a unanimous vote of the members present was obtained. Two out of the four board members present suggested that the Church apply with a new application based upon the circumstances of building the sign under a pending building permit. * * * AGENDA ITEM III. DELIBERATIONS/DECISIONS. Attached at the end of this set of Minutes are copies of the findings of fact, deliberations, and resolutions adopted for the following pending applications: Fedynak, Piraino, Toscano. Chairman Goehringer disclosed that he is a distant relative of Mr. Sledjeski in the Pirano application and he has no financial interest whatsoever. (There was no objection to his participation as a ZBA voting member in the deliberations and decision p?oeess. ) AGENDA ITEM IV. OTHER: a) b) Reminders: Committee Sessions 1. Department Head Committee (Chairman) 2. Code Committee; Planning and Zoning Committee Reminder: Regular ZBA Meeting 6:45 p.m., August 28, 1997 and public hearings as advertised. Page 6 - Minutes ~ August 14, 1997 Regular Meeting Southold Town Board of Appeals c) Request by another department for an advisory opinion based upon information furnished in let~er from Planning Board Chairman. The Board discussed procedures in general rather than specifically with regard to the site requested by the Planning Board (ref: Frank Zito d/b/a Broadwaters Cove). The Chairman indicated he will send a reply to the Planning Board indicating that the building inspector review procedure should be followed as specified by Town law and local regulations for site-plan certification process. Mr. Ray Slavin and others were in the audience, at the suggestion of Robert Kassner, P/arming Board site plan reviewer and asked why the Planning Board's memo was not identified on the agenda as "Broadwaters Cove Marina." The Board's position was that the specific request for a zoning review for Broadwaters Cove Marina was not properly before the Board, and proper zoning procedures should be followed when it involves a specific site. Board discussions will continue regarding appellate procedures and any hypothetical request for advisory opinions, as compared to specific projects which may be identified by an individual, a property owner, another agency or department, or other source. AGENDA ITEM A) Be V. RESOLUTIONS/MISCELLANEOUS: The Board confirmed the following additional New Applications for Hearings to be held September 11, 1997: 1) Spec. Exception - Hay Harbor Club, Fishers Island. 2) Appl. #4504.JD - Eleanor Corwin (lot creation waiver) 3) Appl. #4505.LT - Joyce Grattan (setbacks) 4) Appl. #4356.GG - Martin Kosmynka (carryover). 5) Appl. #4068.JD - Eleanor Sievernich. The Board confirmed the following additionai New applications for Hearings to be held September 9.5, 1997: 1) Appl. #4506.MO - 2) Appl. #4507.GG.- 3) Appl. #4492.LT - E. Mulligan (Deck - lot cov. ) M. Zevits (Three Waivers) Walter Klein (carryover poss). C. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to approve the Minutes of the following ZBA Meetings: June 19, 1997 Minutes July 10, 1997 Minutes July 9.4, 1997 Minutes. FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 14, 1997 .Appl. #4469 - RAYMOND FEDYNAK PARCEL: 1000-123-5-15 as one lot (1000-123-5-16 as remaining lot) STREET & LOCALITY: 205 Fay Court (and 165 Fay Court), Mattituck DATE OF PUBLIC HEARINGS:. April 24, 1997 (postponed); May 19, 1997 (postponed); June 19, 1997; July 24, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property consists of a combined area of property as identified on the County Tax Maps: District 1000, Section 123, Block 5, Lots 15 and 16, for a total combined area of approximately 22,000 sq. ft. (.51 of an acre), with 150.0 ft. combined frontage (lot width) along a 30. ft-wide right-of-way referred to as Fay Court, and lot depth of 150 ft. dee, all as shown on a survey dated May 15, 1980 prepared by Teas, Barrett, Lanzisera & Frink, Surveyors. The property is improved with a single-family, two-story frame dwelling shown To be set back a~ 59.8 feet from the most northerly property line (almost center between the two side property lines. An accessory garage is shown To be situated a~ 51.5 feet from the northerly property line and 38.2 feet from the rear (westerly) property line. Applicant's attorney has also submitted a copy of an enlarged County Tax Map of Section 123, showing Parcel Lot i15 au a size of 50 ft. wide by 150 ft. deep; Lot ~I6 at a size of 100 ft. wide by 150 ft. deep. RELIEF REQUESTED BY APPLICANT: (1) Approval of Waiver under Section 100-26 for a single nonconforming lot identified as t000-123-5-15 of a size 50 ft. by 150 ft. deep, leaving 1000-123-5-16 at et size 100 ft. by 150 ft. deep; (2) Alternative relief under Article III-A, Section 100-30A.3 by variance for approval of lot sizes, as originally created by deed conveyances and which have insufficient lot area, depth and width in this R-40 Residential Zone DistricT. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 14, 1997, which reads as follows: under Article II, Section 100-26, "...Lot S.C.T.M. 41000-123-5-15 and Lot S.C.T.M. ~1000- 123-5-16 have merged pursuant to Article II, Section 100-25A, as they have been held in common ownership at some time since July 1, Page 2 - Appl. #446~'j August 14, 1997 Regular Meeting Re: 1000-123-5-15 (and 16) (Fedynak) 1983. Both lots were created by deed prior to April 9, 1957 and meet the requirements of Section 100-24A(1). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Lot 1000-123-5-15 is vacant land and consists of approximately 7,500 square feet. The remaining merged land, 1000-123-5-16, consists of approximately 15,000 square feet and is improved with a two-story, singie-family dwelling and accessory garage as shown on the May 15, 1980 survey map. The lot, as originally created, was acquired by Mendo on September 26, 1960. Later, on September 26, 1980 the current owners (Fedynak) acquired the property. Common ownership for both lots has existed under the one-acre zoning requirement for 14 years, or since 1983 (and lOnger when including former one-acre zoning ordinance which dates back to 1971). The property owners acquired the property knowing that the survey showed the property as a single lot, and used for title and other purposes in the acquisition of the property. The record does not provide adequate proof to show that the properties have been owned or kept separately during the years under consideration. WAIVER RELIEF STANDARDS 1. A grant of a waiver for Lot #15 of .17 of an acre will result in a significant increase in the density of the neighborhood because the majority of the lots in the area are significantly larger than the subject lot and tax lot numbers 1000-123-5-15 and 16 have existed in common ownership prior to July 1, 1983 (acquired by present owners June 1980). 2. The waiver does not recognize a lot that is consistent with or which exceeds the size of lots in the neighborhood because there are lots in the immediate area larger than the subject parcel (Lot #15): Lots x36.11 at 1.6 acres; x36.10 at .25; ~36.9 at .21; Lot 18 at approximately .20; lot 19 at .25; =20 at .31; Lot 11 at .23; Lot 36.2 at .31; Lot 13 at -12; Lot 15 at .17; ~18 at .12. In fact there are only two other parcels which are of the same or similar, size Lot ~13 of .12 and Lot #17 of .12 of an acre. 3. No survey has been submitted or other documentation to confirm the location of the original lot lines created by the former deeds. 4. The land will not require a change or alteration in contours or slopes, or substantial filling of land. Page 3 - Appl. ~4469- August 14, 1997 Regular Meeting Re: 1000-123-5-15 (and 16)(Fedynak) AREA VARIANCE CONSIDERATIONS 5. The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because lots #15 and ~16 were purchased together under Liber 8824 page 33 recorded June 6, 1980. Owners in title made no attempt to divide parcels from 1980 until present, nor did they attempt to secure a building permit to construct a single-family dwelling on #15 since 1980. The reasons given by the attorney for the property owners is related to estate purposes. 6. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. 7. The requested area variance is substantial in relation to the code requirement of 40,000 square feet, representing only 17%. 8. The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the creation of a lot at .17 of an acre is substantially smaller than twelve (12) lots in the immediate area which lots average .approximately .375 of an acre, and on an average are 45% larger than the subject parcel. 9. The situation has been self-created and there has been no attempt to divide the merged parcels from 1980 until present, nor did they attempt to secure a building permit to construct a single-family dwe]ling on #15 since 1980. 10. A grant of the area variances would create the need for additional variances, including side yard relief for both the dwelling and garage for the 1.5' proposed nonconforming setback and dwelling at a 9'5" nonconforming setback. 11. In summary, the denial of this character of the neighborhood and does safety, and welfare of the neighborhood. application protects the not violate the health, RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Ostermann, it was RESOLVED, to DENY the Waiver as Requested under Section 100-26, and to DENY the Area Variances, as rioted above. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly ADOPTED (4-0). Page t - August 14, '£997 Southold Town Board of Appeals Re: 128-1-12 (Toscano / Flannery) FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 14, 1997 Appl. No. 4497 ANDREW AND NOREEN TOSCANO, Seller under Contract and Applicant per Conditions of Contract New Owners: JOHN PETERSON, DENISE FLANNERY PARCEL 1000-128-1-12 STREET & LOCALITY: 5225 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: August 14, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the northerly side of Peconic Bay Boulevard, Laurel. This lot contains a total area of 6175 sq. ft. and as shown on the map submitted under this application, the property is improved with a single-family dwelling and deck, all totaling approximately 3520 square feet. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated June 20, 1997 as amended, which reads as follows: ...In an R-40 Zone, the rear yard setback on a lot with less than 20,000 sq. ft. is 35 feet. The 'as built' deck replacement encroaches two feet more than the original screen porch. The new deck creates a rear yard setback of approximately 19.5 feet. The original screen porch was 21.8 feet from the rear properw line. See attached survey dated August 17,- 1989. Also, Article IIIA, Ch. 100-30A.3 the deck construction causes al]owable lot coverage to be exceeded by approx. 19 sq. ft. Article XXIV, Section 100-244B .... AREA VARI/~NCE RELIEF REQUESTED BY APPLICANT: For approval of reduced rear yard setback after construction of new deck "as built" with ~a size shown at 14 ft. deep by 16 ft. wide extending from the rear wall of the dwelling, leaving a principal rear y~rd setback at 19'8" and lot coverage at approximately 19 feet over the maximum permitted of 20 percent of the total lot area. The size of the lot is 6,175 square feet. Page 2. - August 14, ~1-997 Southold Town Board of Appeals Re: 128-1-12 (Toseano/Flannery) REASONS FOR BOARD ACTION, DESCRIBED BELOW: A similarly sized parcel of land to the north (1000-128-1-11) has a rear yard setback reduction at 25 feet (approved in 1989). (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the yard is enclosed with a stockade fence giving maximum privacy. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the deck is "as built." (3) The requested area variance is substantial reducing required setback of 35 feet to 19.5 feet and modifying nonconforming lot coverage to a new calculation of 56.23%. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it does not interfere with neighboring properties directly or indirectly. (5) The situation has been self-created since the replacement of an existing porch changed the measurements of the footage for the new deck. Applicant should have been aware of or informed of the setback requirements prior to building. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Ostermann, seconded by Me~nber Dinizio, it was RESOLVED, to Gt~ANT the relief as applied, subject to the CONDITION that the deck not be enclosed. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly ADOPTED (4-0). Member Doyen of Fishers Island was absent (excused). FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 14, 1997 Appl. No. 4494 - ANTONIO PIRAINO PARCEL 1000-113-3-2.3 STREET & LOCALITY: 3637 ROW off west side of Cox Neck Road, Mattituck. DATES OF PUBLIC HEARINGS: July 10, 1997; August 14, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-80 Zone District, being situate along a private right-of-way, which right-of-way extends off the west side of Cox Neck Road. The subject lot contains a total area of 2.15 acres. The access right-of-way also extends directly through the subject lot for accessibility to an adjoining lot. BASIS OF APPEAL: June 30, 1997 Building Inspector's Action of Disapproval which states that "...proposed construct (dwelling) with rear lot line distance of 20 feet and front yard setback to R.O.W. at approximately 22.5 feet will not have required setbacks of 50 ft. rear and 50 ft. front to R.O.W." Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate new dwelling in the westerly yard area as shown on the May 29, 1997 survey map prepared by Anthony W. Lewandowski. REASONS FOR BOARD ACTION, DESCRIBED BELOW: A low marsh area and large pond exists on the opposite yard area to the east/southeast of the right-of-way. The area requested by applicant to the west of the right-of-way is higher ground and reasonable for the location of the dwelling. A written response dated August 8, 1997 was received by the Engineer for the Town which adds information relative to the Town's Road Run-Off Program. The high point or maximum level of the pond will be controlled by overflow culvert(s) coordinated by the Highway and Trustees' Offices. (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because placement of proposed dwelling 25 feet from northerly property line will alleviate substantial impact on Page 2 - August 14,~1J997 Re: 113-3-2.3 (Piraino) Southold Town Board of Appeals existing terrain and will permit construction in a loqation that wall require a minimum amount of retaining walls in rear of dwelling. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of the uniqueness of the lot and overall topography of not only this parcel but contiguous parcels to this lot, and due to the location of the right-of-way which severs the property. (3) The requested area variance is not substantial because the parcel is located on a private road which serves as access to three residential dwellings and is across from s salt water marsh. Positioning of this dwelling in this location is critical to pond runoff which must be contained on site. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because positioning of the dwelling in this location will minimize water run-off (due to high topographical terrain in the rear and south side of the dwelling). (5) The situation has not been self-created because it is related to the topography and contours of this parcel. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community by placement of the dwelling in this location. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to DENY the relief as origdnally requested, and GRANT ALTERNATIVE RELIEF by moving the dwelling to the north with a setback at 25 feet from the northerly property line and same general distance to the right-of-way, subject to placement of hay bales from the southeast portion of the house and pond to the east, and FURTHER wrapping haybales a distance of 30 feet around, to try and further minimize any potential run-off. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostermann (Member Doyen of Fishers Island was absent (excused). This resolution was duly ADOPTED (4-0). Page 7 - Minutes ~-- August 14, 1997 Regular Meeting Southold Town Board of Appeals VOTE OF THE BOARD: AYES: Members Goehringer, Dini~.io, Tortora, and Ostermann. This resolution was duly adopted (4-0). MEETING ADJOURNED. On motion by Chairman Goehringer, seconded by Member Ostermann, and duly carried, the meeting was declared adjourned. The meeting adjourned at approximately 8:35 p.m. Regpectfully submitted, .inda Kowalski ~' erard P. Goeffring~r, v.C~rman /Approved for Filing /o/