HomeMy WebLinkAboutZBA-07/24/1997APPEALS BOARD MEMBERS '~'
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
MINUTES
REGULAR MEET lNG
THURSDAY, JULY 24, 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, JULY 24, 1997 commencing at 6:45 p.m.
Present were:
Gerard P. Goehringer, Chairman
Serge J. Doyen, Jr.
James Dinizio, Jr., Member
Lydia A. Tortora, Member
Maureen C. Ostermann, Member
Linda Kowalski, ZBA Secretary
6:45 p.m. Chairman Goehringer called meeting to order.
AGENDA ITEM I. PUBLIC HEARINGS:
After introduction and reading of the applications for each public
hearing, testimony was received on the following. See written verbatim
transcripts prepared separately for reference as needed and permanent
recordkeeping.
6:48 p.m. Appl. No. 4469.GG - RAYMOND FEDYNAK. Continued
from June 19th: (1) Request for waiver under.100-26; (2) alternative
relief for area variances at Fay Court, Mattituck; 1000-123-5-15.
R. Monaghan, Esq. appeared in behalf of the applicants, who also were
present. (Please see hearing information for statement~ made. ) At the
end of the hearing, the following resolution was adopted:
On motion by Chairman Goehringer, seconded by
Ostermann, it was RESOLVED, to CLOSE (conclude) the hearing.
Member
Vote of the Board: Ayes: All 5-0. This resolution was duly
adopted.
Page 2 - Minutes %J
Southold Town Board of Appeals
Regular Meeting of July 24, 1997
PUBLIC HEARINGS, continued:
7:00 p.m. Appl. No. 4496.SD - JEAN N. CALHOUN. This is an
application based upon the Building Inspector's May ]3, 1997 Action of
Disapproval which states that under Article XXIII, Section 100-239.4,
subsections A(1)(2) proposed inground swimmingpool with deck must be
beyond 100 feet from a bluff or bank and also beyond the 100 ft.
average high water mark of Fishers Island Sound. Location of
Property: Private Road off Easl End Road, Fishers Island; County
Parcel No. 1000-3-2-7, containing 2.74+- acres/R-120. Richard Lark,
Esq. appeared in behalf of the applicant. (Please see hearing
information for statements made.) At the end of the hearing, the
following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member
Ostermann, it was RESOLVED, to CLOSE (conclude) the hearing.
Vote of the Board:
adopted.
Ayes:
All 5-0. This resolution was duly
End of Hearings.
II. SEQRA: RESOLUTION: On motion by Chairman Goehringer,
seconded by Member Dinizio , it was
RESOLVED, to confirm the application of Jean Calhoun as Type II
(accessory structure).
VOTE OF THE BOARD: AYES: ALL. (5-0). This resolution was
unanimously adopted.
III. DELIBERATIONS/DECISIONS:
listed on the Agenda:
Carryovers from July 10, 1997 as
a) Nickhart Realty Zoning Variance - see attached decision.
b) Atto Khrimian Zoning Variance - see attached decision.
c) Atto Khrimian Flood Law Variance - see attached decision.
d) Jean Calhoun - see attached decision.
e) Raymond Fedynak - it was agreed that Chairman Goehringer
would submit a draft for recommended action at the 8/14 ZBA
Meeting. (A preliminary of property facts was furnished by
Board Secretary previously for review and additional
information. )
Decisions for matters adopted during this meeting are attached at the
final pages of this set of Minutes - see Ref. VI hereof.
Page 3 - Minutes "J
Southold Town Board of Appeals
Regular Meeting of July 24, 1997
IV. OTHER MATTERS confirmed:
a) Agenda Item Reminder for Committee Session of Planning &
Zoning: Tues. July 29-7:30 p.m.
b) Regular ZBA Meeting 6:45 p.m., August 14, 1997. A copy of
the Legal Notice was received and accepted for. the following public
hearings to be held August 14, 1997:
6:45 p.m. Appl. No. 4497 - NOREEN TOSCANO. This application
is a request fop 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.
shall be 35 feet and the deck construction exceeds allowable lot
coverage. Location of Property: 5225 Peconic Bay Boulevard,
Laurel, NY; 1000-128-1-12.
6:50 p.m. Appl. No. 4356 - MARTIN KOSMYNKA. This application
is a request for a Variance, based upon the Buildiiag Inspector's
Action of Disapproval which states that under Article III.A, Section
100-30A.4 (ref: Article XXIV, Section 100-244B), proposed
accessory garage will have insufficient front yard setback. Code
requirements: 35 ft. minimum front setback and three foot setback
from side property lines for lots having less than 20,000 sq. ft. in
area. Location of Property: 1985 Pine Tree Road, Cutchogue,
NY; Parcel a1000-98-1-11.2.
7:10 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. Upland area
is less than 80,000 sq. ft. per lot; Article XXIII, Section
100-239; Article III, Section 100-32 in this proposed two-lot
subdivision at 3200 Cox Neck Road, Mattituck; 1000-113-8-5. Total
acreage: 3.5+- acres. Zone District: R-80 Residential.
7:25 p.m. Applications 4485-V and 4486-SE:
BELL-ATLANTIC/NYNEX by Richard Weyhreter. Location of
Property: 425 Westphalia Avenue, Mattituck, NY; County Parcel
No. 1000-141-3-34. 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 In.s. pector'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 principal use of existing
building. The proposed construction and additional 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 Area and
Parking Regulations. Owner: Adrienne M. Rehm.
Page 4~- Minutes ~-~
Southold Town Board of Appeals
Regular Meeting of July 24, 1997
V. RESOLUTIONS/MISCELLANEOUS:
A) RESOLUTION: On motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to authorize advertisement of the following matter for.
public hearing, in addition to authorized carryovers, to be held
August 14, 1997: #4497.MO - Noreen Toscano.
VOTE OF THE BOARD: AYES: Members Doyen, Goehringer,
Dinizio, Tortora, and Ostermann. This resolution was duly adopted
(none opposed).
B. RESOLUTION: On motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to hereby confirm inspections and authorize
advertisement of the following applications filed between 6/6 and 6/16
for public hearings to be held August 28, 1997 between 6:45 and 10 p.m.
I. =4498.GG - Anne Shannon.
2. ~4499.JD - Richard & Pamela Frerking.
3. =4500.LT - Catherine Harren.
4. ~4445.LT - Charles & Mary Tangney (final hearing).
5. ~4501.MO- E. Nagy (waiver).
6. ~4502.GG - Moores Lane Deve]. Corp. (deck)
VOTE OF THE BOARD: AYES: ALL (5-0, none opposed).
resolution was unanimously adopted.
This
VI. DELIBERATIONS/DECISIONS: See following pages which are
copies of the originals filed with the Town Clerk's Office as adopted at
this time. The following is a list of tonight's determinations adopted
at this time as filed with the Town Clerk's Office:
I) Nickhart Realty Zoning Variance - see attached decision.
2) Atto Khrimian Zoning Variance - see attached decision.
3) Atto Khrimian Flood Law Variance - see attached decision.
4) Jean Calhoun - see attached decision.
APPI~ALS BOARD MEMBERS ~--
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
L~vdia A. Tortora
Maureen C. Ostermann
Page 4B - ~1" 'Jtes o~
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hail
53095 Main Road
P.O. Box t 179
Southold. New -York 11971
Fax (516) 765-1823
Telephone (516) 765-18139
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF JULY 24, 1997
Appl. No. 4480 - NICKHART REALTY
PARCEL 1000-52-2-13
STREET & LOCALITY: 53400 C.R. 48, Southold
DATE OF PUBLIC tlEARING: July 10, 1997
FINDINGS ( PROPERTY FACTS):
DESCRIPTION: This property is located in an R-40 Low-Density
Residential Zone District, being situate on the southerly side of
County Road 48 (a/k/a Middle Road, or North Road) and along the
westerly side of a private right-of-way. This lot as exists contains
a total tot area of 17,484 sq. ft., lot width of 193.88 feet along
the northerly property line abutting C.R. 48, and lot depth of 90.18
(easterly property line) as shown on the map prepared by Warren A.
Sambach, Sr., P.E.
BASIS OF APPEAL: Building Inspector's Action of Disapproval
issued September 18, 1996, and updated April 28, 1997, which reads
as follows:
1. insufficient lot area and depth in an R-40 Zone. A lot is
required to have an area of 40,000 sq. ft. and is required to have a
depth of 175 feet. Article IIIA, Chapter 100-30A.3.
2. insufficient front yard setback for a non-conforming lot -
Article XXIV, 100-2,14B.
Also, another Notice of Disapproval was issued June 23, 1997
(received July 3, 1997) indicating that Lot #2 requires a lot width
of 150 feet in an R-40 Zone.
AREA VARIANCE RELIEF RE(~UESTED BY APPLICANT: Reduced lot
size for two proposed lots in this pendhlg subdivision project at
17,484 sq. ft. each. The lot depth is shown at 90.18 feet for each
lot, and tot width along C.R. 48 of 193.88 feet each. The future
location of a new principal single-family dwelling shall be as
established by code or Board of Appeals requirement. The
proposed reduction in the front yard setbacks are as more
particularly shown on the Map prepared by Warren Sambach Sr.,
P.E. at 32 ft. to the north property Line at its closest point, and
26'2" to the southerly front property line at its closest point. The
'Page 2 - July 24, lk.~'
Appl. ~4480:1000-52-2-13 (Nickhart Realty)
Southold Town Board of Appeals
natural buffer along the southerly and northeasterly property lines
will remain intact and maintained.
REASONS FOR BOARD ACTION~ DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties since the existing lot is two to three times the
size of all existing lots in the immediate area except for Lot 2.1
with motel use. The division of the subject land into two lots of
17,000+- sq. ft. for each lot is larger than tile following contiguous
and adjacent lots: 052-2-8 of .33 ac; 52-2-7.3 of .22 ac; 52-2-7.5
of .13 ac; 52-2-6 of .12 ac; 52-2-5 of .13 ac; 52-2-4 of .13 ac;
52-2-3 of .12 ac; 52-2-2 of .13 ac; 52-2-1 of .12; 52-2-10.1 of
.30 ac; 52-2-]2.1 of .30 ac; 52-2-14 of .33; 52-2-15 of .26;
52-2-39 of .2t ac; 52-2-16 of .25 ac; 52-2-38 of .28 ac.; 52-2-17
of .09 ac; 52-2-18 of .10 ac; 52-2-19 of .11 ac. These two lots to
be created will be approx~ately .44 of an acre.
(2) The requested area variance is not substantial based upon the
immediate lots, listed above, that are adjacent to the subject parcel
because the subject land, when divided equally, is approximately .44
of an acre for each as created which is at least 20% to 25% greater
than most of the parcels in the immediate area.
(3) The proposed variance will not have an adverse effect or impact
on the physic~al or environmental conditions in the neighborhood or
district since the two lots will be tile last in the immediate area
that would be improved with a principal building out of approxi-
mately nineteen (]9) parcels in tile immediate area already b~tilt upon.
(4) This action is the m~nimum 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 since the applicant is required under this variance
application not to create curb cuts along County Road 48 and must
utilize the existing internal roadway for ingress and egress to newly
created parcels. It is the opinion of the majority of this Board
that by also utilizing the internal roadway, the health, safety, and
welfare of the community will be protected.
RESOLUTION/ACTION: On motion by Chairman Goehringer,
seconded by Member Dinizio, it was
RESOLVED, to GRANT the relief requested WITH THE CONDITION
that there be no direct access, curb cuts or driveways from or to
'Page 3 - July 24,
Appl. #4480:1000-52-2-13 (Nickhart Realty)
Southold Town Board of Appeals
County Road 48 froln the parcels.
VOTE OF THE BOARD:
AYES:
MEMBER DOYEN
CHAIRMAN GOEHRINGER
MEMBER DINIZIO.
NAYS: MEMBER TORTORA stating that the percentage of the
variance is substantial, and
MEMBER OSTERMANN stating that the spirit of the
zoning ordinance should be upheld by the present code
requirement and not have overdevelopment.
This resolution was duly adopted (3-2).
MEETING OF JULY 24, 1997
' APPROVED FOR FILING
*********************
Actions. all/52-2-13
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostermann
BOARD OF APPEALS
TOWN' OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southotd. New York 11971
Fax (516) 765-1822
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JULY 24, 1997
Appl. No. 4495 & FP-16 by ARTO KHRIMIAN PARCEL 1000-44-2-13
STREET & LOCALITY: 58365 C.R. 48, Greenport
DATE OF PUBLIC HEARING: July 10, 1997
FINDINGS OF FACT
PROPERTY FACTS: / DESCRIPTION:
This property is located in an R-40 Low-Density Residential Zone
District, being situate on the north side of County Road 49 (a/k/a
Middle Road). This lot contains a total area of 2125 sq. ft. and is
improved with a 560 scI. ft. dwelling foundation, of the recently
reconstructed £oundation for a single-family dwelling. The
foundation as reconstructed is shown to be encroaching over the
front property line, has nonconforming side setbacks and setback
from the ordinary high water line of the Long Island Sound.
BASIS OF APPEAL: Building Inspector;s Action of Disapproval,
based upon thc applicant's second application - which was to
reconstruct a single-family dwelling on existing dwelling with
modified building plan, different than that shown on the plans
approved August 24, 1995 under Building Permit No. Z-22965Z. The
recent written action of the Building Inspector is dated April 28,
1997 which reads as follows:
(a) Article XXIV, Section 100-242B(1): a nonconforming
building containing a conforming use which has been damaged by fire
or other causes to the extent of more than fifty (50%) percent of its
fair value shall not be repaired or rebuilt unless such buildirtg is
made substantially to conform to the height and yard requirements of
the Bulk Schedule (see Section 100-244B Nonconforming Lot Bulk
Schedule) .
b) Chapter 48, Section 46-18A: new construction and
substantial improvements shall be elevated on pilings, columns or
shear walls such that the bottom of the lowest horizontal structural
members supporting the lowest elevated floor is elevated to or above
the tevet of the base flood so as not to impede the flow of water.
Note: Building Permit No. 22965 dated August 24, 1995 authorized
applicant "... ~o renovate and alter an existing single-family
Page 2 - Appl. ~449b~ FL #16
Re: 1000-44-2-13 (Khrimian)
Board of Appeals July 24, 1997
dwelling as applied for .... " Location of ProperW: 58365 C.R. 48,
Greenpor~, New York; 1000-44-2-13. This parcel contains a total
lot area of 2125 SCl. ft.
ZONING VARIANCE RELIEF REQUESTED BY APPLICANT: To continue
construction on the existing concrete foundation, which perimeter
and same dimensions were shown on the building plans at the time
the Building Permit was issued under No. 22965, without the need to
remove foundation and re-construct with pilings, columns and/or
elevated st~ear walls above the base level of the required flood
elevation for this V.9 Flood Zone, and also under Article XXIV,
Section 100-242B(1) of the Zoning Code. which has been determined
by the Building Inspector to be more than 50% of the fair value.
FLOOD VARIANCE RELIEF REQUESTED BY APPLICANT: Based
upon the April 28, 1997 Notice of Disapproval by the Building
Inspector, when applicant applied for a second building permit, to
amend the building permit application of 8/10/1995. Said Action of
Disapproval states that new construction and substantial improve-
men~s shall be elevated on pilings, columns, or shear walls such that
the bottom of the lowest horizontal structural members supporting
the lowest elevated floor is elevated to or above the level of the
base flood so as not to impede the flow of water, Chapter 46-18A of
the Southold Town Code (Floodplain Regulations).
Flood Designation: V-9.
Building Permit #22965
single-family residence.
issued
8/24/1995 for reconstruction of a
REASONS FOR BOARD ACTIONS, DESCRIBED BELOW:
ZONING VARIANCE
WHEREAS, under buildiL~g permit issued by the Building
Inspector, reconstruction of an existing single-family dwelling was
commenced;
WHEREAS, Article XXIV, Section 100-242, Subsection A which is
appropriate and applicable for this conforming residential use with a
nonconforming front, sides, and setbacks to the northerly property
tine and L.I. Sound, is noted in the following excerpt at page 10143
of the Zoning Code:
100-242. Nonconforming buildings with conforming uses.
A. Nothing in this Article shall be deemed to
prevent the remodeling, reconstruction or enlarge-
ment of a nonconforming building containing a
conforming use, provided that such action does
no~ create any new nonconformance or increase the
'Page 3 - Appl. #4495~=~ FL
Re: 1000-44-2-13 (Khrimian)
Board of Appeals July 24, 1997
degree of nonconformance with regard to the
re~oxtlations pertaining to such buildings; and ....
IT IS FOUND, after investigation and consideration that this is a
reconstruction of a nonconforming building containing a conforming
(residential) use which does not create any new nonconformance or
increase the degree of nonconformance applicable to parcels of less
than 20,000 sq. ft. in size; and
The applicant has submitted proof that the reconstruction will
not exceed 50% of the fair market value.
FLOOD VAi~IANCE
This is a determinatio~ issued after considering all technical
information and the following standards for such apt~rova] under the
FEMA Regulations and Southold Town Code, Chapter 46:
a) The improvements created are as a result of the re-construction
activities trader a building permit issued on a lot of less than
one-half acre in size contiguous to, with nearby similar tots with
existing structures also constructed below the base flood level.
After considering tile factors and all other tech~icaI evaluations
(listed herein) for areas of flood hazard, this lot is not beyond the
one-half acre size. Additionally, it is found that the subject
improvements are [Oulld ~o be for ~enovations not exceeding 50% of
tile value of the snbject dwellit~g.
b) There is a showing of good and sufficient cause because: (1)
applicant will add a cap block to bring the first floor elevation ar
13 feet above mean sea level (instead of 12'9"), with a monolithic
pour and 6" by 6" wooden piers at each corner as a minimum to
cause shear wall and bring it into modified conformity; (2)
applican~ cannot move landward because of the heavily traveled road.
c) Failure to grunt the variance would result in exceptional
hardship to the applicant because the foundation cannot be removed
without destroying the existing, functioning sanitary system and no
alternative to this sanitary system is available.
d) The granting of this variance will not result in increased flood
heights, additional threats to public safety, extraordinary public
expense, create nuisances related to real property, or conflict with
existing local laws or ordinances because applicant will mitigate as
noted and reiterated from paragraph (b), above.
NOTICE TO APPLICANT: The applicant is hereby given notice t_hat
the g~rant of this variance may consequently cause an increase ~
Page 4 - Appl. #449¥-~& FL #16
Re: ~000-44-2-13 (Khrimian)
Board of Appeals July 2,1, 1997
premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage and such that construction below the
base flood leve! increases risks, if any, to life and property.
RESOLUTION/ACTION: On motion by both Members Dinizio and
Tortora, seconded by Member Doyen, it was
RESOLVED, to GRANT tile relief as applied and with the FOLLOWING
CONDITIONS:
1. To raise existing foundation to a minimum height at 13 feet
above mean sea level - based on the architect's determination
(presently 12'9" level and the additional 3" cap); and
2. Addition of 6" by 6" wooden piers at each corner as a
minimum to cause shear wall; and
3. Any and all foundation area and walkway area shall be
located not closer than six inches (6") to County Road 48; and
BE IT FURTHER RESOLVED, to REVERSE the decision of the
building with regard ~o the Southold Town Zoning Code, Article
XXIV, Section 100-242B, based upon the above reasons, and the
prior Interpretation of the Board of Appeals rendered November 8,
1995 under Appl. #4350 (Zoning Case of T. McCarthy).
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN,
DINIZIO, TORTORA AND OSTERMANN. This resolution was
unanimously adopted ,(5-0).
/~.~ERARD P. GOEHRINGER', CHAI.It~IAN
~' As per Resolution Adopted 7/24/97
Approved for Permanent Filing
*********************
Actions. all/4.1- 2-13
Page 4D - Minut'
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostermann
of duly 24, 1997
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JULY 24, 1997
Appl. No. 4496 - JEAN N. CALHOUN PARCEL 1000-3-2-7
STREET & LOCALITY: Private Road off East Fa~d Road, Fishers
Island
DATE OF PUBLIC HEARING: ~Iuly 24, 1997
FINDINGS OF FACT
PROPERTY DESCRIPTION:
This property is located at Fishers Island, being situate on the
north side of Private Road, and consists of a total lot area of 2.74
acres as showu on the map prepared by Clmndler, Palmer & King
amended March 25, 1997.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
May 13, t997 which reads as follows: under Article XXIII, Section
100-239.4A(1)(2), proposed inground swimmingpool with deck must
be beyond 100 feet from a bluff or bank and also beyond the 100 ft.
average high water mark of Fishers Island Sound.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate
proposed 25 ft. by 35 ft. tap swimming pool, elevated deck
construction, smalI retaiiiing walI at the northerly portion of the
property of fieldstone creating a terrace area for the tap pool, and
fence enclosure. All construction related to this project is
proposed landward of the existing 50 ft. natural buffer, landward of
the Coastal Zone Hazard Boundary Line, and at a distance of
approximately 77 feet (and greater for the pool construction) from
the average mean high water mark (rocky- beach) of Fishers Island
Sound, as more particularly shown on map amended 3/25/97 prepared
by Chandler, Palmer and King for board consideration.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
Southold Town Trustees' approval was issued by resolution adopted
April 30, 1997.
N. Y.S. Department of Enviro~nental Conservation issued an
Amendment 3/25/97 to former Dwelling Construction PerTrdt issued
6/19/95 (DEC #1-4738-01t13/00001-0).
(1) The granting of. the area variance wilt not produce an
undesirable.,~ctm~zge in character of neighborhood or a detriment ~o
Page 2 - July 2,1, 199~
Appl. #4496:1000-3-2-7
Sou/hold Town Board of Appeals
nearby properties because this parcel and other properties on the
Map of Olmstead are large in size ;which ensures pnivacy.
(2) The benefit sought by the applicant canno~ be achieved by some
method, Feasible for applicant to pursue, other than an area variance
because the land areas are proscribed by archeologicai determinations.
(3) The requested area variance is not substantial due [o the
2.74-acre size of this tot.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because this project has been approved by the Southold
Town Trustees and the New York State Environmental Conservation
Departments.
(5) The situation has not been self-created and is due to
archeological cqnsiderations.
(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 Doyen, seconded 'by~
Chairman Goehringer, it was
RESOLVED, to GRANT the relief as applied.
VOTE
DINIZIO, TORTORA, AND_ OS~.T.~ANN. This resolu'~ion
adopted by unanimous
~GERARD P.' GOEttRi-~GER, 'CHAIRM~
/~ AS PER RESOLUTION ADOPTED 7/24/97
APPROVED FOR FILING
OF THE BOARDi AYES: MEMBERS DOYEN, GOEHRINGER,
was
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Actions. all/3-2~7
Page 5- Minutes
Southold Town Board of Appeals
Regular Meeting of July 24, 1997
There being no other business properly coming before the Board at
this time, the Chairman declared the meeting adjourned.
Respectfully submitted,
J / / )//~ y Linda Kowalski
Approved at Meeting of ~g~/~/97
/
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE ~/~%"f¢~ HOUR
Town Clerk, Town of Southold