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HomeMy WebLinkAboutZBA-07/19/2001 SpecialAPPEALS BOARD MEMBERS Gerard P. Goehringer, 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 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MINUTES SPECIAL MEETING THURSDAY, JULY 19, 2001 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Annex Building (North Fork Bank), Conference Room, 54375 Main Road, Southold. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora Collins, Member Paula Quiniteri, Recording Absent: George Horning, Member 6:41 P.M. Chairman Gerard P. Goehringer called the meeting to order and proceeded with agenda items as follows: STATE ENVIRONMENTAL QUALITY REVIEW: No updates at this time, reviews are pending. 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: NYS FEDERATION OF PROCESSORS AND GROWERS (N. Aliano, Owner) #4969 LISTA CANNON #4972 (front yard) APPROVED WITH CONDITIONS: T. and L. McWILLIAMS #4964 LEONARDO TIRADO #4966 THOMAS JEROME #4967 Page 2 - Minutes Special Meeting held duly 19, 2001 Southold Town Zoning Board of Appeals JOEL REITMAN #4970 EDGEWATER II, LLC #4968 DENIED WITH ALTERNATIVE RELIEF: DOUGLAS BRADFORD #4971 DONALD and LOUISE MOYLE #4973 LISTA CANNON #4972 (westerly side yard) DENIED: LISTA CANNON #4972 (side yard) PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published. 7:55 PM Appl. No. 4976 - MICHAEL McALLISTER by Bruce Anderson, Mr. and Mrs. Nichlus, Mr. Price, Mr. McAllister. (Public Hearing continued). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairman Goehringer, seconded by Member Collins, to close the hearing reserving decision pending receipt of comments re: Booth letter by July 27, 2001. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. RESOLUTIONS / UPDATED REVIEWS / OTHER: A. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Dinizio and duly carried to authorize advertising of hearings for Regular Meetings to be held August 16, 2001 and September 20, 2001, Town Meeting Hall, Main Road, Southold. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0). Member Horning was absent. B. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Tortora and duly carried to table application of NORMA MILLER regarding habitable area in accessory garage as requested by applicant. Tentative hearing date: November 15, 2001. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Oliva, and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meeting held June 7, 2001. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. Page 3 - Minutes Special Meeting held duly 19, 2001 Southold Town Zoning Board of Appeals EXECUTIVE SESSION: None. There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 8:45 P.M. Respectfully submitted, RECEIVED DEC' 2 4 2009 $oulhold l'o~a Clef[ APP~ALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Halt 53095 Main Road P.O. Box 1t79 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone ~63I) 765-1809 FINDINGS AND DETERMINATiON REGULAR MEETING OF JUrY !9, 2001 Appl. No. 4969 Applicant: NYS Federation of Processors &Growers, Inc. (N. Aliano, Owner) Street Address: 31800 and 3,1040 C.R. 48 (a/k/a Middle Road or North Road), Peconic Zone District: A-CAgricultural-cor~servatibn Parcel: 1000474-4-4.7 and 4,8 Date'of Public Hearing: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant-N.Y.S. Federation of ProceSsors and Growers, Inc. is the prospective purchaser of land proposing to build a Nursery School Facility. The property contains 4.5 acres with access off the southerly,side of County Road 48 in Peconic, property referred to as Lots 7 and 8, combined as one lot, on the Minor Subdivision Map of N. Aliano. APPLICANT'S REOUEST/BASIS OF APPLICATION: The Applicant is requesting a Special Exception under Article III, Section 100-31, subsection B(4) of the Southold Town Zoning Code for a nursery school facility. The number of students at the Nursery School ~s proPOSed for a maximum of 76 students. Details of the layout of the site' are more particularly shown on Site and Construction Plans prepared by Ricardo E. Campos dated 6-15-01, for "Grace's Place Day Cafe Center.'[ All': parking and screening will be determined by the Southold Town Planning Board as prokid6d Underthe Zoning Code site plan regulations. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing a. Nursery School Use by Special Exception review, and on the basis of testimony presented and personal inspection, the Board fiflds: Nursery schools are permitted in this A-C Agricultural-Conservation Zone District under Section 100-31B(4) of the Town Zoning Code, subject to spedal exception authorization of the Zoning Board of APPeals. In this review the Board determines that the proposed Nursew School Use s in harmony with the zoning ordinance and will not adversely affect the neighborhood if such requirements are met. 2. The proposed Nursery School complies with the lot size provisions of the Zoning Code. This building and f~dlity will be located on 4.5 acres of and In addition, the Board has reviewed the General Standards governing Special Exception uses Page 2 - Appl. No. SE-4969 Grace's Place Nursery School Decision Rendered 7/19/01 set forth in Section 100-263 and finds that: A) This Nursery School will not prevent the orderly and reasonable in this Residential Zone District and adjacent districts. The adjacent property to the east are business (retail sales), and to the south and west are agricultural areas. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) The use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses ~n the distdct and the peculiar suitability of such district for the location of such permitted uses, B. Property values will be conserved. A Nursery School use ~s encouraged and allowed by Special Exception approval from the Board of Appeals. C. The location of the proposed Nursery School will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Page 3 -~ Appl. No. 5E-4969 Grace's Plate Nursery School Decision'Rendered 7/~9/0~! F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G., The operation of a nursery school facility will not ca?e qndue interference, with the orderly eriioYmer~t by the public of oarking or of recreational Ca~Jlitiesi existing OF proposed by.the.toWn or by other competent governmental agendes. H. The necessity for bituminous-surfaCed space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasOnably adequate and appropriate and can be furnished by the owner of the plot sought robe used within or adjacent to the plot wherein the use- shall be located, and by approval Of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property' because of fire, flood, erosion or panic by reason of or as a result of the use or by th.e building to be used, or by the.accessibility of the property or structures thereon for the convenient entry and operation of fir~and Other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a nursery school. _1. The use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for this nursery school/day care center use. L. The use to be operated is not unreasonably near to a church, school., theater, recreational area or other plaCe of public assembly. M: The site is particularly suitable for a nursery school considering its size and character of the neighborhood. N. No evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and offthe site. Page ~- - Appl, No. SE-4969 Grace's Place Nursery School Decision Rendered 7/19/01 RESOLU-I-[ON/ACT[ON: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the application, as applied for. Vote of the 'Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Absent was Member Homing, of Fishers island). This Resolution was duly adopted (4-0). //C~e~ard P. (~oehdnger ~' ~ // ~/Chairman ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jn 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 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF JULY 19. 2001 ~,AppI. No. 4971 - DOUGLAS BRADFORD 1000-53-6-16 STREET & LOCATION: 3705 Baysho[e Road, Greenport :DATE OF PUBLIC HEARING: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS: The subject property is a lot of 7396 sq. ft. in Greenport, with frontage of 50 feet on Bayshbre Road and 50 feet on Peconic Bay, and depth of about 148 feet. It is improved with a one-story frame house and detached garage. BAS S OF APPEAL: BuDding Inspector's Notice of Disapproval, dated May 1, 2001, denying a permit for~ additions to the house for the following reasons: (1) proposed side yards of 6.5 fee{ (North) and about 1 foot (South) are. less than the mm~mum of 10 feet and combined minimum of 25 feet required by:COde Section 100-244B; (2) proposed lot coverage is +/- 26 percent, in violation of the20 percent limit in C~ .de section 100-244B; (3) proposed deck is 46 feet from the bulkhead ih v olation: of the 75~oot requirement of Code Section 100-239.4B. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing construction of the addlt~oris as proposed REASONS FOR' BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, matedai~ submitted and person~al inspection, the Board makes the following findings: 1. At the heating, applicant statee that the proposed additions do not encroach on the existing side yard setbacks, which are 6.5 feet on the North and 7.5 feet on the South. The drawing of the proi~osed additions submitted to the Building Department was erroneous in showing the southerly setback reduced to about 1 foot Although the side yard setbacks will not change, the house will expand to tW0 stodes, creating a larger structure along the existing setbacks. 2. Information submitted by the aDplicant following the headng shows proposed lot coverage of 24.2 percent, compared with 23.9 percent now. Applicant proposes to expand the coverage of the house, but to offset that by remowng a wooden ramp and concrete pad. 3. The neighborhood is characterized by small lots with a fairly high degree Of lot coverage, and it is common for houses to be located less than 75 feet from the bulkhead. Applicant intends to make the hous~ bulkier, by adding a second floor, porch and deck, but the side yard setbacks will not change and the lot coverage will barely change. The house is sufficiently far back from the bulkhead that the threat to neighbors' views ~s minimal The expanded house will not be inconsistent with the neighborhooe and grant of the relief set forth below will not produce an undesirable change in the c.~,~ racter of the neighborhood or detriment to nearby properties. Page 2 - July 19, 2001 ZBA Appl. No. ~,97! ~ D. Bradford Parcel 1000-53-6-16 at Greenport 4. There is no evidence that grant of ~he relief set forth below will have an adverse effect or impact on physical or environmental conditions. 5. The action set forth below is the minimum necessary to enable applicant to expand the house while preserving and protecting the character of the neighborhood and the health, safety. and welfare of the community. RESOLUTiON/ACTION: On motion by Chairman Goehdnger, seconded by Member Collins, it was RESOLVED, to DENY the vadance applied for, and ALTERNATIVELY to GRANT a variance authorizing additions to the house as described at the headng and in written submissions, with the following provisions: 1. The northerly and southerly side yards are to be maintained at a minimum of 6.Sand 7.5 feet, respectively; 2. Lot coverage is to be no greater than the figure proposed in applicant's submission dated July 16, 2001, 24.2 percent, reduced by an amount reflecting the l-foot reduction in the depth of the porch, which the Board calculates at about 0.5 percent, resulting ~n a maximum coverage of 23.7 percent; 3. The new deck is to be set back no less than 47 feet from the bulkhead. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPE~SiLS TOWN OF SOUTHOLD Sr~uthold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS'AND DETERMINATION July 19, 2001 Meeting Appl: No. :4973 -~,DONALD and LOUISE MOYLE 1000-87-3-63A (or 63). LOca,ti6n' of Property: :1020 Minn~haha BouleVard. Southold Date of Public Headng: July 12, 2001 Findinfls of Fact PROPERTY FACTS: Applicant's property is a comer lot with 80+- ft. frontage along M[nnehaha Boulevard facfng west and 167+- ft. frontage facing north along Minnehaha Boulevard, :and consists of 16,787 sq. ft. in area. Existing is a single-family two-story frame dwelling with 2"a story deck area and garage as shown on the survey,prepared by Peconic Surveyors, P.C. last dated May 2, 2001. The dwelling is set back 30+- feet from the wood bulkhead along Corey Creek at its closest point. BASIS OF.REQUEST: Building Department's May 30, 2001 Notice of Disap~)mval stating that the proposed deck addition is 25 feet from the bulkhead at the closest point, in Violation of.the 75'rE requirement of Code Section 100-239.4. AREA VARIANCE !RELIEF: Applicants request a variance authorizing an addition of a deck a[0r),g the egtire width of the house. 78 feet wide and 6 feet deep. According to app~cants survey ;the house s set back 30 feet from the bulkhead and the deck w be +/- 24 feet from the Dulkhead at the c osest po nt. 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's house has existed for manY years. The westerly portion is set back 30 feet from the bulkhead. The easterly portion is set back further because the bulkhead angles away from the house. The Coastal Erosion Hazard Line is approximately-parallel to the northerly property line, and the southwest comer of the proposed deck crosses that line. 2 The 6-foot proposed deck would reduce the setback from the bulkhead at the westedy end of the house to only 24 feet, less than one-third of the setback required by Code section 100-239.4 Part of the proposed deck would also cross the Coastal Erosion Hazard Line. The Board concludes that these encroachments would be excessive, and by the action set forth below authorizes a smaller reduction from the existing setback. Page 2 - Ju y 19, 2001 Appl. No. 4973 - D. and L. Moyle 1000-87-3~63.1 at Southold 3. There is no evidence that the action set forth below will prOduce an undesirable change in the character of the neighborhood or detriment to nearby properties. 4. The action set forth below is the minimum necessary to enable applicant to have a deck 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 Member Dinizio, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a variance authorizing an open deck no less than 28 feet from the bulkhead at any point and extending no more than 6 feet from the rear of the house at any point. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: Ayes: Members Goehrin_.geC~hairman), Dinizio, and Collins. Member Tortora was absent during this Resolu~Co'n; .M'embe~ing (of FisJ~ers Island) was absent. This Resolution was duly a%~_~,,./j//~~..~ ARD P. GOEHRING'ER, C~¢¢~IRMAN APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman James Dinizio, Jr. Lydia A. Tonora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Sod'tliold'Town Hall 531)95 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERAiiONS'AND DETERMINATION MEETING 0F JULY i9, 2001 Appl. Ng. 4968 -EDGEWATER II LLC Parcel No. 1000~40-1-20.2 STREEt'& LOCATION: '.63735 C. Rf48, Greenport DATE OF PUBFIC'HEARING: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with frontage of ~128 feet on the North Road and 150 feet on the Long Island Sound, with depths of 977 feet (east) and 919 feet (west). The approximate distance from the North Road property line to the top of the Sound Bluff is 810 feet (east) and 725 feet (west). BASIS OF APPLICATION: Building Inspector's May 1, 2001 Notice of Disapproval, denying a permit tO'build a new single-family dwelling because the proposed house: (t) has a third story, in violation of the 2-1J2 story m t n Code Section 100-32, and (2) has an elevator shaft higher than 'the 35-foot limit in Code Section 100-32. AREA VARIANCE RELIEF REQUESTED: .Applicant requests a variance authorizing construction of a sirigle,family h~odse [with upper floor area shown on architectura ,p aris dated 7/9/01 prepared by Ira Haspe Architect. P.C. (Job ref. 202101)]. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: t. The architbctural plans show a third-floor bedroom suite of 990 sq. ft. The ground floor feotpdnt is 4357sq~ ft. an?d the second floor covers 2415 sq. ft. Applicant states that the third floor was designed to .comply with the Code definition of a half story, but presented no measurements to support that sf~atem~nt. The Board will treat the matter of the third story as a request for a variance. · The proposed house has an irregular roofhne made up of various sloping elements with numerous angles. ,Rs read from ~he plans..the maximum roof height is about 37-1/2 feet while the average from eaves to peak is about 32 feet, within the 35-foot limit of the Code. The square footage of,the third-floor bedroom suite is less than 25 percent of the ground floor footprint and the presence of the third, floor does not affect the compliance of the roofline with the 35-foot limit. 3. The proposed house has a large chimney that appears, from the plans, to be about 4% 1/2 feet higt~. Chimneys higher than 35 feet are permitted by Code section 100-230(D)(1). The height of the elevator shaft ~s equal to the highest roof peak, and several feet lower than the chimney. Elevation drawings show the' chimney as a prominent feature while the top of the elevator shaft: is a {ess prominent element of the irregular roofline. Page 2 - 3uly 19, 200:[ ZBA Appl. No. ,t968 - Edgewater II, LLC Parcel 1000-z~0-1-20.2 at Greenport 4. The proposed house is set back about 500 feet from the North Road and has side yards of 20 and 25 feet. There is no evidence that the design or siting of the house poses any threat to the character of the area. 5. Based on the foregoing factors, the Board concludes that grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 6. There is no evidence that grant of the requested vadance will have an adverse effect or impact on physical or environmental conditions. 7. The action set forth below is the minimum necessary to enable applicant to build a house in accordance with his plans 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 Member Dinizio, it was RESOLVED, to GRANT the application as applied for, authorizing construction for the house as proposed with a third-floor bedroom suite and elevator shaft shown on the architectural house plans dated 7/9/01, SUBJECT TO THE CONDITION that a comprehensive fire-prevention system must be operative throughout the house at all times. ( ±ndoor spr±nk;Le~ sys~cem~ , This action does not authorize or condone any current or future use setback or other feature of the subject property that violates the Zoning Code, other than such uses. setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehdnger (Chairman), Dinizio, Tortore, and Collins. This Resolution was duly adopted (4-0). APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio. Jr. ~ Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold. N~w York 11971-0959 ZBA Fax (631) 765-9064 Telephone (63l) 765-1809 FINDINGS AND DETERMINATION July 19, 2001 Meeting Appt. No. 4964 :.TIMAND LINDA McWILLIAMS. Location. of Property'.. 345 Wabasso Street, SOuthold; County Parcel 1000-78-3-36JI. Date of Public Hear ng: July 12, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is vacant land located on the westerly, side of Wabasso Street in Southold with 187,50 ft. of road frontage and depth of 110 feet. BASIS OF APPLICATION: Building Inspector's May 2, 2001 Notice of Disapproval for the reason that applicants' proposed dwelling will have a rear yard setback at less than 50 feet?,~Article XXIV, Section 100-244B requires a 50 ft. minimum setback for lots having less than 20,000 sq. ft. of land area. ARE~ VARIANCE RELIEF REQUESTED: Applicants were disapproved in their April 13, 2001 :;building permit application to the Building Department for a dwelling location, proposed at ~,I.5 feet frorh the rear property line INFORMATION AND EVIDENCE CONSIDERED: Applicants propose to construct, a 63'6" long by 33'6" wide two story single-femily dwelling on a-preexiStir~g; nonconforming lot. The lot is narrow, measuring 110 feet in depth, and long, 187.50 feet. 'The~applicants Propose to place the dwelling off-center on the property, 40 feet from thenorth side property line, and approximately 83 feet from the'south property line. While the Board recognizes that a rear yard vadance is required because the lot depth is only 110 feet and a total Of 90 feet is required to meet the code's front and rear yard set backs, the Board believes that the dwelling should be centered on the property to ensure that the variance to construct the dwelling will not be a detriment to nearby properties. REASONS FOR BOARD ACTION: Based on the testimony and record before the Boarc~ and personal ~nspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a~ detriment to nearby properties. The lot is very narrow but contains Sufficient area. 187 feet in length, to center the dwelling on the propert~ to ensure that the area variance will not create an undesirable change in the neighborhood or be a detriment to nearby properties. Page 2- July i9, 2001 Appl. No. 4964 - T. and L. McWilliams 1000-78-3-36.1 at Southold 2. The benefit sought by applicant cannot be achieved by some methoa, feasible for appellant to pursue, other than area variances because the lot depth is only i 10 feet and a total of 90 feet is required to meet the code's front and rear yard requirement, which would leave only 20 feet for the width of the dwelling. 3. The requested area vadance is not substantial and represents a reduction of 8.5 +- feet in the 50-foot rear yard setback requirement. 4. The difficulty has been self-created because the applicants knew or should have known the code requirement prior to purchase of the property. 5. Grant of the vadance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the physical or environmental conditions in the neighborhood would be adversely impacted. RESOLUTION/ACTION: 'Goehringer, it was On motion by Member Tortora, seconded by Chairman RESOLVED, to GRANT the vanance requested, SUBJECT TO THE FOLLOWING CONDITION DEEMED NECESSARY TO ENSURE THAT THE VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON THE CHARACTER OF THE NEIGHBORHOOD OR BE A DETRIMENT TO HEARBY PROPERTIES: 1. The dwelling shall be centered on the property, more specifically, set back a minimum distance of 65 feet from the north side property line. 2. That the rear yard be as requested at 41.5 feet at its closest point from the dwelling. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code. ether than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: Ayes: Members~ (Cha~), Dinizi~, and Tortora) (Nay: Member Collins, who did not fe~condition~s n,edess.,~y)./~i~'~esolution was duly adopted (3-1). ,~/,GERARD P, GOEH RING/ER~AIRMAN