HomeMy WebLinkAboutZBA-02/26/2004APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
http://southoldtown.nor thfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, FEBRUARY 26, 2004
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,
February 26, 2004 commencing at 9:30 A.M.
Present were:
Ruth D. Oliva, Chairwoman/Member
Gerard P. Goehringer, Member
Vincent Orlando, Member
Lydia A. Tortora, Member (9:30 am - 12:10 pm, 1:10 pm - 3:05 pm)
James Dinizio, Member
Linda Kowalski, ZBA Confidential Secretary
9:30 a.m. Chairwoman Oliva called the meeting to order.
AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows:
I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
BOARD RESOLUTION: Motion was made by Chairwoman Oliva, and seconded by
Member Goehringer to declare the following Negative Declarations with No Adverse Effect for
the following projects as submitted:
Type II Actions (No further steps - setback/dimensional/lot waivedaccessory
apartment/bed and breakfast requests):
Joseph and Elizabeth Gordon #5470, #5471.
Thomas Cornwell #5473.
John and Vivian Hinton #5477.
John and Sandra Scott #5480.
Darren Skrezec #5482.
John and Joyce Sampieri #5483.
Luke and Rita Licalzi #5488.
Vera Bakelaar #5479.
Gary Mangus and Miriam Meyers #5475.
Page 2 - Minutes
Regular Meeting of February 26, 2004
Southold Town Board of Appeals
Mattituck Fire District #5485.
Christopher Durkin #5481.
Stephen Pisacano 5490.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
III. PUBLIC HEARINGS: The following public hearings were held with the Chairwoman
introducing each application, and Member reading of the Legal Notice as published:
9:33 a.m. MARTHA CASSlDY #5457. A. Wickham, Esq. (Carryover from 1/21; Case law
cited at 2/26 PH to be furnished by applicant's attorney.) Request for Variances under
Sections 100-30A.1 and 100-231, based on the Building Department's March 10, 2003
Notice of Disapproval, amended May 6, 2003, for the following reasons: (1) a tennis
court is not a permitted use on a vacant lot, and (2) the proposed tennis court fence will
exceed the code limitations of four ft. maximum height along or within front yard areas,
six ft. maximum height along side and rear yards when a principal use is existing).
Location: 1015 Youngs Avenue, Orient; CTM 18-1-3. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer,
to close the hearing reserving decision. This Resolution was duly adopted (5-0).
10:12 a.m. JOSEPH TRENCHENY #5453 by Frank Notaro, Architect. Ad/ourned from
1/22 for possible alternative/amended plans. Amended plan submitted 2/23 by architect;
amended ND issued 2-23 to correct error, for 21 ft. total sides.) Request for a Variance
under Section 100-244B, based on the Building Department's August 25, 2003 Notice of
Disapproval, concerning additions and alterations proposed with a total side yard area at
less than 25 feet, at 120 South Lane, East Marion; Parcel 37-6-3.2. (Please see
transcript of written statements prepared under separate cover.) BOARD RESOLUTION:
After receiving testimony, motion was offered by Chairwoman Oliva, seconded by
Member Goehringer, to adjourn to March 18, 2004 at 9:30 a.m. This Resolution was duly
adopted (5~0).
10:24 a.m. PATRIZIA ZANABONI #5452. Ad/oumed from 1/22/04 for alternative plan
increasing setback 10 feet for front yard; amended plan submitted 2/23 increasing closest
front setbacks to 22.9+- ft.; amended ND 2/19 to reflect changes in plan). Request for a
Variance under Section 100-244B, based on the Building Department's August 22, 2003
Notice of Disapproyal, amended August 25, 2003, concerning a new single-family
dwelling with a front yard setback at less than 35 feet, after demolishing the existing
building, at 1385 Minnehaha Boulevard, Southold; Parcel 87-3-23. (Please see transcript
of written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member
Dinizio, to close the hearing reserving decision. This Resolution was duly adopted (5-0).
10:33 a.m. JOSEPH AND ELIZABETH GORDON. Location of Property: 485 Gardiners
Lane, Southold; Parcel 1000-70-8-29. Applicants request:
(A) #5470- Variances are requested under Sections 100-242A and 100-244, based
on the Building Department's November 25, 2003 Notice of Disapproval, which
states that the proposed alterations and additions to the existing dwelling with will
Page 3 - Minutes
Regular Meeting of February 26, 2004
Southold Town Board of Appeals
Ill. PUBLIC HEARINGS, (continued): The following public hearings were held with the
Chairwoman introducing each application, and Member reading of the Legal Notice as
published:
be less than 40 feet from the front lot line and less than 50 feet from the rear
lot line. Also, the Building Inspector has determined that under Section 100-
31A(1), a second dwelling unit is not permitted above the garage, for the reason
that the code allows "one-family detached dwellings, not to exceed one dwelling
on each lot."
(B) #5471 - Special Exception under Section 100-31B(13) for an Accessory
Apartment in conjunction with the owner's residence.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva,
seconded by Member Goehringer, to close the hearing reserving decision. This
Resolution was duly adopted (5-0).
10:58 a.m. THOMAS CORNWELL #5473. This is a request for a Variance under
Section 100-30A, based on the Building Department's December 1, 2003 Notice of
Disapproval, concerning proposed additions and alterations at less than 15 feet on a
single side setback, at 500 West Cove Road, Cutchogue; Parcel 1000-111-2-8.1. (2/23
letter from J. Slattery requests adj. to June for more information on elevation and designs
and for attendance). (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered
by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to April 22, 2004 at
9:30 a.m. This Resolution was duly adopted (5-0).
11:15 a.m. JOHN and VIVIAN HINTON #5477. This is a request for a Variance under
Section 100-33, based on the Building Department's May 8, 2003 Notice of Disapproval,
concerning the location of a swimming pool in a side yard instead of the code-required
rear yard, after the as-built deck was constructed, at 515 Horseshoe Drive, Cutchogue;
Parcel 1000-95-4-18.27. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered
by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. This Resolution was duly adopted (5-0).
11:17 a.m. JOHN SCOTT and SANDRA TUFFY #5480. This is a request for a Variance
under Section 100-30A.3, based on the Building Department's November 17, 2003
Notice of Disapproval, concerning proposed addition at less than 50 feet from the front lot
line, at 31025 Main Road, Cutchogue; CTM 102-2-23.4. (Survey with front setbacks
submitted 2/20). (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. This Resolution was duly adopted (5-0).
11:20 a.m. DARRIN SKREZEC #5482. This is a request for: (a) an Interpretation under
Section 100-81A(6) as to whether or not a landscaping business is permitted to stock pile
landscape materials as an accessory use without the need for a Special Exception, and
(b) alternatively, a Special Exception under Section 100-81 (B)(2) for a contractor yard, at
32900 CR 48, Peconic; CTM 74-4-14.3. Zone: Limited Business. (Please see transcript
of written statements prepared under separate cover.) Also Tom McCarthy discussion on
priority A or B. BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to allow applicant a 20-minute
recess to consult and return after 20 minutes. This Resolution was duly adopted (5-0).
Page 4 Minutes
Regular Meeting of February 26, 2004
Southold Town Board of Appeals
III. PUBLIC HEARINGS1 (continued): The following public hearings were held with the
Chairwoman introducing each application, and Member reading of the Legal Notice as
published:
11:38 a.m. JOHN and JOYCE SAMPIERI #5483. This is a request for a Variance under
Sections 100-242A and 100-30A.3, based on the Building Department's December 4,
2003 Notice of Disapproval, concerning proposed alterations and additions to the existing
dwelling at less than 15 ft. on a single side yard, at 1380 Bayberry Road, Cutchogue;
CTM 118-2-12. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. This Resolution was duly adopted (5-0).
11:48 a.m. STEPHEN PISACANO #5490. This is a Request for a Variance under
Sections 100-242A and 100-244B, based on the Building Department's December 26,
2003 Notice of Disapproval, concerning proposed additions and alterations at less than
40 feet from the front lot line, at 16155 C.R. 48, Cutchogue; CTM 101-1-15.1. (Please
see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva,
seconded by Member Goehringer, to close the hearing reserving decision. This
Resolution was duly adopted (5-0).
11:52 a.m. LUKE and RITA LICALZI #5488. This is a request for a Variance under
Section 100-33C, based on the Building Inspector's December 8, 2003 Notice of
Disapproval (and renewed building permit) concerning an accessory swimming pool
located at less than the code-required 50 feet from the front lot line on this waterfront
parcel, and a detached frame pool storage house located in an area other than the
required yard, at 2105 Calves Neck Road, Southold; CTM 70-4-46.1. (Heiqht data not
submitted for poolhouse as of 2-23; existing design with shower, sink, plumbing not be
properly before Building Dept. or ZBA.) (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the
hearing regarding the pool, reserving decision. This Resolution was duly adopted (5-0).
12:12 p.m. DARRIN SKREZEC #5482. This is a request for: (a) an Interpretation under
Section 100-81A(6) as to whether or not a landscaping business is permitted to stock pile
landscape materials as an accessory use without the need for a Special Exception, and
(b) alternatively, a Special Exception under Section 100-81 (B)(2) for a contractor yard, at
32900 CR 48, Peconic; CTM 74-4-14.3. Zone: Limited Business. (Please see transcript
of written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member
Goehringer, to close the hearing reserving decision. This Resolution was duly adopted
(4-0). Member Tortora was absent during this hearing.
RESOLUTION (Break): Motion was offered by Chairwoman Oliva, seconded by Member
Goehringer, to recess for lunch. Vote of the Board: All. This resolution was duly
adopted (4-0). Member Tortora was absent.
1:10 p?. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Oliva,
seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: All.
This resolution was duly adopted (5-0).
Page 5 - Mihutes
Regular Meeting of February 26, 2004
Southold Town Board of Appeals
III. PUBLIC HEARINGS, (continued): The following public hearings were held with the
Chairwoman introducing each application, and Member reading of the Legal Notice as
published:
1:10 PM OSPREY DOMINION AND LIPA, KEYSPAN #5432V and 5430SE (continued
from 12/18/03; Request received 2/23 from attorney requesting postponement to 3/18/04
11:45a. m.) Location of Property: 44075 Main Road, Peconic; Parcel 1000-75-1-20.1
and 20.2. Applicants request a Variance under Section 100-33A concerning the proposed
height of new public utility wind turbine/antenna structure exceeding the code's height
limitation of 18 feet; and a Special Exception for a public utility use/structure on this 4.4+
acre site. (Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This
Resolution was duly adopted (5-0).
1:12 p.m. VERA BAKELAAR #5479 by son John Bakelaar. This is a request for a
Variance under Section 100-244, based on the Building Department's January 5, 2004
Notice of Disapproval, concerning a proposed addition and alterations with a total lot
coverage exceeding the code limitation of 20%, at 45 Booth Place, Greenport; Parcel
1000-41-1-21. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, rrfotion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. This Resolution was duly adopted (5-0).
1:15 p.m. GARY MANGUS and MIRIAM MEYERS #5475. This is a request for
Variances under Sections 100-239.4 and 100-244, based on the Building Department's
December 29, 2003 Notice of Disapproval, concerning proposed additions and alterations
to the existing dwelling at less than 75 feet from the bulkhead, less than 10 feet on a
single side, and less than 25 ft. total ~ide yards, at 1295 Island View Lane, Greenport;
Parcel 57-2-16. (Applicant subm~ed elevation plans on 2/9 w/ 3rd level to ZBA, Buildin,q
Dept. confirmed on 2-24-04 des~qn meets half-ston/ zoning code dettnition~. (Please see
transcript of written statements prepared under separate cover.) BOARD RESOLUTION:
After receiving testimony, motion was offered by Chairwoman Oliva, seconded by
Member Orlando, to close the hearing reserving decision (written to be submitted by
March 4,2004). This Resolution was duly adopted (5-0).
1:56 p.m. DAVID and SHERRY STEELE #5478. RESOLUTION to confirm application
withdrawn, per 2/13 letter. BOARD RESOLUTION: Motion was made y Member
Goehringer, seconded by Chairwoman Oliva to withdraw the application per letter
submitted 2/13/04. This Resolution was duly adopted (5-0).
1:57 p.m. MATTITUCK FIRE DISTRICT #5485. Request for Variances under Section
100-92 and 100-33B(3), based on the Building Department's January 2, 2004 Notice of
Disapproval, amended January 16, 2004, concerning a proposed addition with a front
yard setback at less than 15 feet, and concerning a proposed annex building at less than
five feet from the side and rear lot lines, at 1000 Pike Street, Mattituck; Parcel 140-3-
11.1. (Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This
Resolution was duly adopted (5-0).
Page 6 - Minutes
Regular Meeting of February 26, 2004
Southold Town Board of Appeals
Ill. PUBLIC HEARINGS, (continued): The following public hearings were held with the
Chairwoman introducing each application, and Member reading of the Legal Notice as
published:
2:07 p.m. CHRISTOPHER DURKIN #5481. Request for a Variance under Section 100-
33, based on the Building Depadment's November 25, 2003 Notice of Disapproval,
concerning a proposed accessory garage exceeding the code limitation of 18 feet, at
5779 Westphalia Road, Mattituck; Parcel 113-12-7. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to
close the hearing reserving decision. This Resolution was duly adopted (5-0).
2:22 p.m. STANLEY MALON #5383. Applicant requests: (1) Variances under Sections
100-102 and 100-103C, based on the Building Department's May 20, 2003 Notice of
Disapproval concerning new construction for a multiple-use building with less than 30,000
sq. ft. per use and with a building frontage greater than 60 linear feet, and (2)
Interpretation of Section 100-102, Bulk Schedule, based on the Building Depadment's
May 20, 2003 Notice of Disapproval, to determine that multiple occupancies do not
require, an additional 30,000 sq. ft. of land area per permitted use in the B-General
Business Zone District. The applicant is proposing one commercial structure with up to
three different permitted uses with eight tenants/occupancies on this 53,821 sq. ft. parcel.
Location of Property: 32845 Main Road, Cutchogue; Parcel 1000-97-5-4.5. Zone
District: B-Business. (Hearing reopened for reviews re,qardin,q member iTuestions and
possible attematives for parking and access, building size, traffic and pedestrian safety
concerns, plan to prevent floodin,q toward adjacent lands, etc.) (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Member Goehringer, seconded by
Chairwoman Oliva, to adjourn the hearing until March 18, 2004 at 2:15 p.m. This
Resolution was duly adopted (5-0).
3:05 p.m. Member Tortora left.
3:09 p.m. J & C HOLDINGS, Contract Vendee (Owner: Doll) #5419. Applicant requests
Variances under Sections 100-30A.3 and 100-239.4A, based on the Building
Department's November 7, 2002 Notice of Disapproval, amended August 6, 2003,
concerning a proposed location of a new dwelling with setbacks: (a) at less than 50 feet
from the front property line and (b) less than 100 feet from the top of the Sound bluff, at
590 North View Drive, Orient; Parcel 1000-13-1-5.1. (Applicant submitted revised survey
1/27/04 and enqineer's memo with run-off calculations; also on 2/5 received info on
retaininq wall construction; amended Trustees determination on new plan not submitted
es of 2/23). (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. This Resolution was duly adopted (4-0). Member Tortora was absent during
this hearing.
3:30 p.m. TOWBEE, LLC (SeaTow) #5492 - Request for a Variance under Section 100-
142, based on the Building Department's January 27, 2004 Notice of Disapproval,
concerning two uses on a lot containing less than 80,000 sq. ft. (or 40,000 sq. ft. per use)
in this Light Industrial (LI) Zone District. Location of Property: 700 Hummel Avenue,
Southold; Parcel 1000-63-2-30.1. (2/20/04 attorney submitted affidavit outlining history of
tenancy and uses to Building Department and ZBA.) (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving
Page 7 - Minutes
Regular Meeting of February 26, 2004
Southold Town Board of Appeals
testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer,
to close the hearing reserving decision. This Resolution was duly adopted (4-0). Member
Tortora was absent during this hearing.
II. DELIBERATIONS/DECISION. The Board deliberated on the following application.
The original is filed with the Southold Town Clerk and include here by reference as though
fully written:
APPROVED AS APPLIED
ZBA 5454 - Samuel and Isabelle Distasi
IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. The Board confirmed its scheduled Special Meeting to be held 6:00 PM on 3/4/04:
agenda items may include work session; continued work reviews of new files for future
calendars; possible findings/decisions on carryovers.
B. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by
Member Goehringer, and duly carried to advertise Legal Notice for March 18, 2004
public hearings filed in complete form with publication in the town official newspaper.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member
Tortora was absent.
C. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by
Member Goehringer, and duly carried to adjourn carryover public hearings from 3/18 to
4/22/04 at 9:35 AM for E. Trippe #5300, #5308, per applicant's request. Vote of the
Board: Ayes: Ali. This Resolution was duly adopted (4-0). Member Tortora was
absent.
V. EXECUTIVE SESSION
Brief reviews of pending files and general discussions by Board Members followed.
There being no other business properly coming before the Board at this time,
Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 4:00 p.m.
Respectfully submitted,
~~n~cision(1) Secretary
~F'. ~nnger ~
ved for Filing
RECEIVED
own Clerk
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard E Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765-9064
http://sout holdtown.nor th fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 26, 2004
Appl. No. 5454 - SAMUEL and ISABELLE DISTASl
Property Location: 125 Youngs Avenue, Southold; CTM 61-4-40.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of
the State's List of Actions, without an adverse effect on the environment if the project is implemented
as planned.
PROPERTY FACTS/DESCRIPTION: The applicants' 17,000 sq. ft. parcel has 109+- ft. frontage
along Youngs Avenue in Southold. The property is improved with a single-family, two-story frame
dwelling and detached frame structure.
BASIS OF APPLICATION: Building Department's October 16, 2003 Notice of Disapproval, citing
Section 100-244B in its denial of a building permit application concerning proposed additions and
alterations to the existing single family dwelling with a front yard setback at less than 35 feet, as
shown on the October 16, 2003 map prepared by Garrett A. Strang, Architect.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 22, 2004, at which
time written and oral evidence were presented. Based upon all testimony, documentation, personal
inspection of the property, and other evidence, the Zoning Board finds the following facts to be true
and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct an additional 803+- sq. ft.
to the existing dwelling, with proposed front yard setbacks from the easterly lot line along Youngs
Avenue at 24 feet, 20 feet, and 19 feet at its closest points as shown on the site map prepared 10-
16-03 and outlined on the Project Description sheet, prepared by Architect Garrett A. Strang.
ADDITIONAL INFORMATION/AMENDED REQUEST FOR RELIEF: During the January 22, 2004
public hearing, the Board inquired as to the design of the roof elevations, and the Architect offered to
submit the necessary information in writing. On February 12, 2004, conceptual diagrams (SK-1 and
SK-2) with lower roof elevations were submitted for consideration.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
Page/~ - February 26, 2004
Appl. No. 5454 - S. and I. Distasi
CTM 61-4-40
1. Grant of the relief requested will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The neighborhood has many homes with similar
nonconforming sized lots, improved with buildings at similar setbacks. The uniqueness of this parcel
is created by frontage along streets at three different angles. Although the easterly front setback of
the house was for many years at 24 feet, the proposed setback for the open, roofed porch addition
will be 53 feet from the most southerly measurement and at 24 feet measured from the eastedy lot
line. The proposed six-sided, roofed open porch addition at the southeast comer of the addition will
be 19 feet from the front lot line, designed with a lower roof. The porch addition is designed with a
Iow-profile, one-story roof as shown on the 2-12-04 elevation diagrams, which minimizes visual
concerns.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance. The 24 ft. setback of the dwelling existed for many
years.
3. The variance granted herein is substantial. The code requirement is 35 feet from the front
property lines, and the applicants' request is for setbacks at 19 feet and 24 feet.
4. The difficulty was self created in that the dwelling and addition are on a substandard lot with
nonconforming front yard setback.
5. No evidence has been submitted to suggest that a variance in this residential community will
have an adverse impact on the physical or environmental conditions in the neighborhood. Many
homes in the neighborhood are developed with similar front porches.
6. Grant of relief is the minimum action necessary and adequate to enable the applicants to enjoy
the benefit of a porch addition, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by
Chairwoman Oliva, and duly carried, to
GRANT the variance as applied for, as shown on the elevation plans dated 2-12-04 (SK1,
SK2) and map prepared 10-16-03 by Garrett A. Strang, R.A.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and other
P.age 3 - February 26, 2004
Appl. No. 5454 - S. and I. Distasi
CTM 61-4-40
features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member
Tortora was absent during this Resolution.) This Resolution was duly adopted (4-0).
Ruth D. Oliva, Chair¥~oman 3/3~04
Approved for Filing