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HomeMy WebLinkAboutZBA-04/05/2001Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, APRIL 5, 2001 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, April 5, 2001 commencing at 6:30 P.M. Present were: Gerard P. Goehringer, Chairman/Member James Dinizio Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member George Homing, Member (6:30 p.m. - 8:16 p.m.) Linda Kowalski, ZBA Confidential Secretary 6:32 P.M. Chairman Goehringer called the meeting to order with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Collins, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: Determination of Unlisted Action Categories with Negative Declaration (no Adverse Effect on the Environment): Appl. No. 4934 - PAUL CORAZZINI Appl. No. 4928 - MICHAEL COLAVITO Appl. No. 4932 - RICHARD M. HOKANSON Type II Categories under SEQRA Statewide List: Appl. No. 4946 - LEONARD TIRADO Page 2 - Minutes Regular Meeting held April 5, 2001 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as pubhshed: Carryover hearing from March 15, 2001: 6:33 p.m. Appl. No. 4913 - LEONARDO TIRADO (Carryover hearing regarding pool location). Appl. No. 4946 - LEONARDO TIRADO. Mr. Tirado, present; Richard Weiss, M. Zurno, opposition. This is a request for a Variance under Article XXIII, Section 100-231A based on the Building Department's Amendment to a September 25, 2000 Notice of Disapproval for a fence greater than four feet in height when located in the front yard, for enclosure of a pool area at 3850 Nassau Point Road, Cutchogue; 111- 8-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehri~ger, seconded by Member Dinizio, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Carryover hearings from February 28, 2001: 6:58 p]~h. Appl. No. 4906 - R. V. LYNCH. JR. - Pool in side yard and proposed addition to dwelling with side yard at less than 20 feet, Fishers Island; 6-2-9 and 15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to recess the hearing to May 31, 2001. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 6:58 p.m. Appl. No. 4900 - MARTIN TAESCHLER. Mrs. Taeschler appeared. Propo~d location of accessory storage building; 985 Boisseau Ave., Southold; 63-2-27. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:03 p.m. Appl. No. 4921 - DORIS ANDERSON (owner) and JOHN HURTADO. Mr. Hurtado, A. Tohill, opposition. Applicants request variances under Article XXIII, Sectioff 100-239.4A.1, based on the Building Department's December 20, 2000 Notice of Disapproval. Apphcante propose a new dwelling with setbacks at less than 100 feet from the top of the bluff, less than 30 feet for combined side yard setbacks, and less than 40 feet from the property line. Location of Property: 3400 Lighthouse Road, South~ld; 1000-50-2-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to recess the hearing to April 19, 2001, at 7:45 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:18 p.m. Appl. No. 4918 - WILLIAM ACKERMAN. Request for a Variance under Article III, Section 100-32 to construct a new second dwelling as a principal building, replacing an existing dwelhng. Also requested is a variance for a height of the new dwelling above the code limitation of 35 feet in height, and/or 2 ½ stories. Middle Road, Cutchogue; 108-3-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was Page 3 - Minutes Regular Meeting held April 5, 2001 Southold Town Zoning Board of Appeals offerec~ by Chairman Goehringer, seconded by Member Colhns, to recess the hearing without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:22 p.m. Appl. No. 4922 - LEO AND VIRGINIA ALESSI by Amy Martin. Apphcants request a variance under Article III, Section 100-33-C, based on the Building Department's December 28, 2000 Notice of Disapproval. Apphcants propose to locate an accessory garage at less than 50 feet from the front property hne, at 1700 Cedar Point Drive East, Southold; 1000-92-1-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:28 P.m. Appl. No. 4925 - EDWARD DART, TRUSTEE. Applicant requests a variance under Article III, Section 100-33, based on the Building Department's December 26, 2000 Notice of Disapproval regarding a proposed dwelhng location, which location places the existing accessory (barn) building in a front yard area. Location of Property: East Side of Main Bayview Road and Willow Pond Lane, South~ld; 1000-78-1-10.23. BOARD RESOLUTION: (Please see transcript of written statem'~nts prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Colhns, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). ~ 7:32 p~m. Appl. No. 4924 - JOHN M. and MAUREEN JOHN. Jim Fitzgerald, Mr. Epidet~. Apphcants request a Waiver under Article II, Section 100-26, to unmerge lots, based on the Building Department's November 30, 2000 Notice of Disapproval. The reasons for the disapproval is that Lot Numbers 20 and 22.2 have merged under ArticIe~II, Section 100-25A and the subject lots have been held in common ownership during ~ny period of time after July 1, 1983. Location of Property: Corner of Rhoda Road and Ruth Road, Mattituck; 106-5-20 and 22.2; also shown as Lots 176 and 177 on the Map of Captain Kidd Estates. BOARD RESOLUTION: (Please see transcript of writte~ statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Colhns, to recess the hearing to April 19, 2001, at 7:45 p.m. Vote of the Board: Ayes: All. This Resolution was du!y adopted (5-0). 7:51 p%in. Appl. No. 4926 - JON KERBS. Christine Bayes, opposition. Apphcant requeste Variances based on the Building Department's March 5, 2001 Amended Notice bf Disapproval: (a) under Article XV, Section 100-151, and Bulk Schedule of the Zoning Ordinance, for the reason that this lot does not meet the current lot size requirements for this R-80 Residential Zone District; this lot contains less than 80,000 sq. ft. in area, 175 ft. lot width, and 250 ft. of lot depth; and Co) under Article XXIV, Sectiori;100-244B, for the reason the setbacks of the existing trailer and garage do not meet the side yard code requirements for lots containing 7,500 sq. ft. Location of Property: 60105 Main Road, Southold; Parcel 1000-56-3-11, deeded April 23, 1958. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehrii~ger, seconded by Member Homing, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held April 5, 2001 Southold Town Zoning Board of Appeals 8:06 p.m. Appl. No. 4928 - MICHAEL COLAVITO. No appearance. Re-calendared and to be re-noticed for May 31, 2001. Apphcant requests a Variance under Article III, Section 100-32, based on the Building Department December 15, 2000 Notice of Disapproval for a proposed addition and alteration to an existing dwelling, which exceeds the Code hmitation of 2 ½ stories. Location of Property: 6150 Main Bayview Road, Southold; 1000-78-4-44.2. 8:07 p.m. Appl. No. 4934 - PAUL and WARREN CORAZZINI by J. Fischetti; Elaine Schneider, Chris Bayes. Applicant requests Variances based on the Building Department's December 18, 2000 Notice of Disapproval, for a proposed commercial storage~buflding: (a) located at less than the code requirement of 70 feet from the rear property line, Article XIV, Section 142, and Co) for a building length greater than the maximum permitted 60 feet facing the Main Road, Article XIV, Section 100-143C. Location of Property: 67875 Main Road, Greenport; 52-5-58.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover,) i After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board:Ayes: All. This Resolution was duly adopted (5-0). 8:13 p.m. Appl. No. 4931 - JOHN LEDDY by Don McGahan. Apphcant requests a variance under Article XXIV, Section 100-244B, based on the Building Department's December 27, 2000 Notice of Disapproval, for a proposed alteration and addition to an existing dwelhng which will be less than 35 feet from the front property line, at 5700 Pequash Avenue, Cutchogue; 110-5-36. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close'the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was du~y adopted (5-0). 8:16 p.m. Member Horning left. 8:18 P'm- Appl. No. 4930 - JANE ROSS and JON SCHRIBER by Boulevard Planning. Applicants request a variance under Article III, Section 100-244B, based on the Building Department's December 18, 2000 Notice of Disapproval, for a proposed addition to dwelling which will be less than 35 feet from the front property line, at 1295 Old Harbor Road, New Suffolk; 117-3-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to recess the hearing to April 19, 2001 at 8:45 p.m. Vote of the Board: Ayes: All. This Resohi~ion was duly adopted (4-0). Member Homing was absent. 8:22 p.n~. Appl. No 4929 - GRACE CANTONE by Tom Ludlow. Apphcant requests a Variande under Article XXIV, Section 100-244B, based on the Building Department's January 23, 2001 Notice of Disapproval for a proposed addition to dwelhng which will have a s~tback at less than 40 feet from Park Avenue front property line. Location of Property: Corner of 2305 Park Avenue and Bungalow Lane, Mattituck; 1000-123-3-21. BOARD RESOLUTION: (Please see transcript of written statements prepared under separat~ cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of:the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. Page 5 - Minutes Regular Meeting-held April 5, 2001 Southold Town Zoning Board of Appeals 8:24 p.m. Appl. No. 4932 - RICHARD M. HOKANSON by Rich Hokanson. Apphcant requests a variance under Axticle XXIV, Section 100-244B, based on the Building Department's January 25, 2001 Notice of Disapproval for a proposed single-family dwelling which will exceed the code limitation of 20% lot coverage (of the total lot area). 'Location of Property: 1635 Nokomis Road, Southold; 1000-78-3-33. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Colhns, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. 8:29 p.~. Appl. No. 4933 - JOHN SOTO by John Soto. Applicant requests a variance, under Article III-A, Section 100-30A.4, based on the Building Department's January 25, 200~ Notice of Disapproval for a swimming pool proposed in the front yard, at 90 Haywaters Road, Cutchogue Road, Cutchogue; Amended Map A, Nassau Point Club Properties Lot #272; Parcel 1000-111-2-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close:~he hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 8:50 p.m. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Tortora, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 8:56 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Tortora, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with Chairmafi~iGoehringer introducing each application, and Member reading of the Legal Notice as published: 8:56 p.m. Appl. No. 4936 - ANTHONY VIVONA by A. Vivona. Applicant requests a Variance under Article III, Section 100-33, based on the Building Department's January 8, 2001 Notice of Disapproval for an accessory storage building in a front yard location, at 125 Crescent Lane, East Marion; Pebble Beach Farms Lot 98; Parcel 1000- 30-2-41. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision: Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 8:58 p.m. Appl. No. 4937 - SOUTHOLD PARK DISTRICT by Bob Cochran; Mrs. V. Crane, Helen Schultz, Mrs. Gomez, opposition. Applicant requests a variance under Article III, Section 100-32, based on the Building Department's February 12, 2001 Amended Notice of Disapproval for a Park shelter building proposed at less than 60 feet frs~n the front property line. Location of Property: 5345 South Harbor Road, Southold; 87-1-18.7. BOARD RESOLUTION: (Please see transcript of written Page 6 - Minutes Regular Meeting held April 5, 2001 Southold Town Zoning Board of Appeals statements prepared under separate cover.) After receiving testimony, motion was offered ~by Chairman Goehringer, seconded by Member Dinizio, to close the verbal portion of the hearing and extend the written to April 19, 2001. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 9:25 p~m. Appl. No. 4935 - E. M. KONTOKOSTA. Appheant requests a variance under Article XXIV, Section 100-239.4A, based on the Building Department's January 18, 2001 Notice of Disapproval for an accessory swimming pool structure proposed at less than 100 feet from the top of the bank or bluff of the Long Island Sound, at 56765 North Road, Greenport; 44-1-27. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horuing was absent. 9:32 p.m. Appl. No. 4927 - KACE LI, INC. Applicant requests an Interpretation of Article IV, Section 100-42B.1 based on the Building Department's December 6, 2000 Notice of Disapproval for multiple dwellings, which denied a permit for the reason that the project does not have a valid Special Exception under Section 100-42B.1 of the Zoning Code. S/s North Road (North Road (a/k]a CR 48), Project referred to as North~ind Y~fllage," 500 feet east of Chapel Lane, Greenport; 49-3-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconde? by Member Collins, to adjourn the meeting and re-notice and re-calendar for June Special Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. 9:37 p.m. Appl. No. 4923 - F. and A. VON ZUBEN J~y P. Moore, Esq. Apphcant requests a variance under Article III, Section 100-33C, based on the Building Department's January 3, 2001 Notice of Disapproval for an accessory garage proposed at less than 40 feet from the front property hne at 1125 North Sea drive, Southold; 54- 4-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehririger, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. DELIBERATIONS/DECISIONS: The Board deliberated on the following applications~. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: ~APPROVED AS APPLIED iF. and A. VON ZUBEN #4923 'EDWARD DART, Trustee #4925 APPROVED WITH CONDITIONS Page 7 - Minutes Regular Meeting held April 5, 2001 Southold Town Zoning Board of Appeals W. MERCURIO #4869 EXECUTIVE SESSION: None held. There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 9:58 P.M. Gerar&P. Goehringer, Cli~man App, r~Ved for Filing / Respectfully submitted, Ltnda Kowalski RECEIVED~ Southold Town Clerl APPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 5, 2001 Appl. No. '4925 - EDWARD DART, Trustee of the Alice Dart Asset Management Trust. STREET & LOCATION: Main Bayview Road and Willow Pond Lane, Southold 78-1-10.23 DATE OF PUBLIC HEARING: April 5, 2001 FINDINGS OF FACT PROPERTY FACTS: Applicant's property comprises 17.5 acres with frontage of 396.75 feet on Main Bayview Road in Southold. It is planted in Christmas trees, and improved with an old barn that is used in the tree farm business. The barn is about 155 feet from the road. The property is zoned R-40 Low-Density Residential. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated January 17, 2001, denying a permit to construct a new building on the property because it will be the pdmary building and its location 240 feet from the road will put the existing barn in the front yard in violation of Code section 100-30A.4. RELIEF REQUESTED: Applicant requests a variance .authorizing construction of the new building in the proposed location 240 feet from Main Bayview Road. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant testified that the proposed building will serve two purposes: it will provide a better barn for the Christmas tree farm, and it will have an upstairs apartment for the farm manager. Drawings submitted show that the building will have the appearance of a barn. (2) Construction in the proposed location will not significantly affect the appearance of the farm. Although the existing old barn will be in the "front yard" of the new building, its location and appearance will be unchanged. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (4) The action set forth below is the minimum necessary and adequate to enable applicant to construct a barn with living quarters in an efficient location on the property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was Page 2 - Apd~ 5.2001 'ZBA Appl. No. 4925 - A~ice Dart Asset Mana.qement Trust Psrcel 1000-78-1-10.23 8t Southold RESOLVED. to GRANT the variance apCed for. VOTE OF THE BOARD: AYES: Members ~irman~, ToAo..~.~ an~Collins. APP~LS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. · Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD APRIL 5, 2001 Appl. No. 4869- WILLIAM MERCURIO Location of Property: 2305 Bay Avenue, Mattituck Date of Public Hearing: January 4, 2001 1000-144-4-4 Findings of Fact PROPERTY FACTS: Applicant's property' contains 1.408 acres with 148.32 ft. frontage along Bay Avenue and 144.79 ft. along the edge of meadow of James Creek in Mattituck. The property is improved with a single-family dwelling, swimming pool, and three accessory buildings (two of which are referred to in Certificate of Occupancy No. Z-9376 as two seasonal cottages (Buildings #1 and #4), and a storage building (Building #3). BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated July 28, 2000 and amended November 8, 2000, denying a permit for renovation and alteration of a nonconforming cottage, for the reason that Code section 100-241A prohibits enlargement, alteration, extension, reconstruction or restoration of a nonconforming use. The cottage is nonconforming because it is an additional dwelling on the property. The amended Notice of Disapproval takes note of the applicants' plan to add a roof dormer and upstairs storage space. RELIEF REQUESTED: Applicants request a ruling authorizing the proposed renovation, as work permitted under Code section 100-245, and dormer addition, to a nonconforming seasonal cottage. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Certificate of Occupancy Z9376, dated March 14, 1979, describes the subject building as a seasonal cottage erected prior to the enactment of zoning. Under the current Zoning Code, the cottage is a nonconforming use. Applicants stated that the cottage needs foundation work and extensive repairs. They cite Code section 100-245, which authorizes "normal maintenance and repair" of a nonconforming use and "major structural alterations or demolitions necessary in the interest of public safety." (2) Applicants' architect testified that part of the foundation "presents an unstable condition," that framing and rafters are unstable, floors are out of level and electrical installation is substandard. Page 2 - April 5, 2001 Appl. No.' 4869 - W. Mercurio 1000-144-4-4 at Mattituck (3) At the hearing on January 41 2001, applicants' architect stated that applicants contemplate demolishing the cottage and building it anew. Article XXIV of the Zoning Code -"Nonconforming Uses and Buildings"- permits pre-existing nonconforming uses to continue and to be kept in repair. However, nothing in Article XXIV or elsewhere in the Code authorizes new construction of a nonconforming use, even in its existing footprint. The Board concludes that Code section 100-245 authorizes repairs to the cottage, including foundation repairs, sufficient to maintain its usability. Code section 100-245 does not authorize demolition and reconstruction of the cottage. (4) The Board concurs that the cottage foundation is deteriorated, but believes the building has structural integrity. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, that this Board, pursuant to its authority under section 267-b(1) of New York Town Law, authorizes repair of the subject cottage as permitted by Code section 100-245, subject to the following CONDITIONS: (1) A building permit shall be obtained before any construction is undertaken. (2) The footprint, height and roofline of the cottage shall not be enlarged or altered; the proposed dormer addition is not authorized. (3) A full basement may be constructed under the entire cottage as part of the foundation repair. (4) Windows and doors may be replaced but may not be enlarged, increased in number or relocated except to the extent required for compliance with New York State Construction Code as administered by the Town Building Department. (5) The electrical service may be upgraded to meet applicable codes. (6) The cottage shall continue to be an accessory to the main dwelling and may not be rented except in a single transaction involving the rental of all structures on '[he property. Page 3 - April 5, 2001 Appl. No. 4869- W. Mercurio 1000-144-4-4 at Mattituck (7) In compliance with the language of the Certificate of Occupancy and the applicant's building permit application, both of which refer to a "seasonal cottage," tl~e cottage may not be used for sleeping between November 15 and April 15 each year. (8) The variance granted by the Board of Appeals on March 12, 1981 under Appeal No. 2729, authorizing insufficient area of two lots in a proposed division of the property, is null and void. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Horning was absent during this Resolution.) This Resolution was duly adopted (4-0).