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HomeMy WebLinkAboutZBA-02/03/2000APPEALS BOARD MEMBERS Gerhard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins ~ George Homing BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, FEBRUARY 3, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516} 765-1809 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, February 3, 2000 commencing at 6:40 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member (until 8:10 p.m.) Linda Kowalski, ZBA Clerk Absent was: James Dinizio, Jr., Member (due to illness). 6:40 p.m. Chairman Goehdnger called the meeting to order. RESOLUTION/SEQRA Reviews and/or Determ inations: Motion was offered by Member Tortora, seconded by Member Homing, and duly carded, to declare the following SEQRA actions: Type II - Exempt from further steps: Appl. No. 4783 - G. and M. Gralton - setback variance. Appl. No. 4782 - D. and M. Mooney - setback and lot coverage variance. AppI..No. 4781 - B. Cippitelli - setback variance. AppI. No. 4779 - D. and A. Coded. Pool location. Unlisted Actions (none). VOTE OF THE BOARD: AYES: Members Goehdnger, Tortora, Collins and Homing. This Resolution was duly adopted (4-0). (Member Dinizio was absent due to illness.) DELIBERATIONS/DECISION - Southampton Lumber Co. Appl. No. 4723. (Agenda Item III). Chairman Goehdnger offered a Motion to declare the application abandoned and Withdrawn and read the reasons supporting the Motion. Members Tortora and Homing expressed their agreement with the Chairman, and Member Collins expressed her sentiment against the Page 2 - Minutes February 3, 2000 Regular Meeting Southold Town Board of Appeals motion. Member Collins also mentioned that although Member Dinizio was absent due to illness, she said Member Dinizio has discussed similar views. Mr. Dennis Smith, prospective buyer was present during the deliberations and resolution, and spoke briefly afterwards. Concerned Mattituck resident Mr. Ed Siegmann expressed his unhappiness with the Board's decision. Please see the Board's adopted Findings and Determination, the original filed with the Town Clerk. A copy of the Findings and Determination is attached and incorporated herein as though written in its entirety. PUBLIC HEARINGS: 7:00 - 7:16 p.m. Appl. No. 4783 - GERARD AND MARY GRALTON. This is a request for a Vadance under Article XXIV, Section 100-244B, regarding an application for a building permit and the Building Department's Notice of Disapproval dated January 13, 2000 for the location of a proposed dwelling with a setback at less than 15 feet from the northerly side property line. Location of Property: Comer of Bay Avenue and Sterling Road, Cutchogue, NY; County Tax Map No. 1000-138-2-11; also known as Lot 114 on the Subdivision Map of Nassau Farms. Albert Krupski, Jr. spoke in support of his in-laws, Mr. and Mrs. Gralton, who were also present. Speaking against the proposed side yard setback was Mrs. Marine Mitchell, daughter of the closest neighbor, Mrs. Guilana Faraguna. After receiving testimony, Board Members decided to recess for approximately 10 minutes, at Which time discussions would reconvene. Motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carded, to RECESS the headng for approximately 10 minutes. Vote of the Board: Ayes: All (4-0). (See continued hearing at 7:35 p.m.) 7:17 - 7:35 p.m. Appl. No. 4782 - DANIEL AND MAU REEN MOONEY. ThiS is a request for a Vadance under Article XXIV, Section 100-244B, regarding an application for a building permit and the Building Department's Notice of Disapproval dated January 5, 2000 to locate proposed deck construction with setbacks at less' than 75 feet from the bUlkhead and proposed lot coverage over the 20%. Location of Property: 575 Pine Place, East Madon, NY; County Tax Map Parcel No. 1000-37-4-16; also known as Lot 145 and p/o 146 On the Map of Gardiners Bay Estates, Section 2, Filed Map No. 275. Mr. Mooney appeared in behalf of his application. After discussions with Board Members, the applicant agreed to work on an alternative sketch, for tonight, reducing the lot coverage and setback at the north side of the house. Thero was no opposition to this application during the headng. After further discussion motion was offered by Chairman Gi3ehdnger, seconded by Member Collins, to recess the hearing for approximately 15 minutes. Vote of the Board: Ayes: All (4-0). 7:35 p.m. Appl. No. 4783 - GERARD AND MARY GRALTON, continuation of headng. The applicants and their sonrin-law appeared. The option in the front yard There were no testimony, motion:. ~ seconded CLOSE the headng. Vote of '(4-0). Page 3 - Minutes February 3, 2000 Regular Meeting Southold Town Board of Appeals DELIBERATIONS/DECISION: Appl. No. 4783- GERARDAND MARY GRALTON The Board Members deliberated and action was taken to deny the side yard variance and grant altemative relief. Please see the official Findings and Determination, the odginal of which is on file with the Town Clerk and a copy attached hereto, incorporated into this set of Minutes, as though set forth in its entirety. PUBLIC HEARINGS, continued: 7:43 - 8:02 p.m. Appl. No. 4781 - BRUNO CIPPITELLI. This is a request fora Variance under Article III, Section 100-30A.3 based upon applicant's request for a building permit to construct additions and alterations, and the Building Department's November 9, 1999 Notice of Disapproval for the reason that the proposed single-family dwelling with additions and alterations will have a side yard :at less than the 15 ff. code-required rain mum and less than 35 feet for total side yard area. (The use of the cottage asa dwelling will be removed and the same building would be added to the principal building for not more than one dwelling on this lot.) Location of Property: 220 Broadwaters Road, Cutchogue; County Parcel #1000-104-10-7; also referred to as Lot No. 182 on the Map of Nassau Point Club Properties. Patricia C. Moore, Esq. appeared with Mr. Cippitelli. After receiVing testimony, motion was offered by Chairman Goehdnger, seconded by Member Tortora, and duly carried, to close (conclude) the headng, pend ng deliberations. This Resolution was duly adopted (4-0). This Resolution was duly adopted. 8:02 p.m. App No. 4782 - DANIEL AND MAUREI:N MOONEY. Mr. Mooney appeared and an altemative was disCUssed by the Board Members. Mr. Mooney said he would submit an amendment for review on Monday. Motion was offered by Chairman Goehringer, seconded by Member Collins, to close the headng pending receipt of the new plan. Vote of the Board: Ayes: All (4-0). This, Resolution was duly adopted. 8:15 p.m. Appl. No. 4779- D. and A.. CORIERI. Mr. Coderi appeared and submitted three new plans (handed to the Chairman and two other members) concerning the location of an accessory pool d sCUssed at the last headng. Member Homing was leaving dudng the hearing (approx. ~::18 p.m ). After further discussion the Chairman offered a motion, seconded by Member Tortora and duly carded, to recess the hearing to March 2, 2000. Vote: All (4-0). This Resolution was duly adopted End of: hearings. DELIBE~TIONS/DECISIONS: The Board Members deliberated and the following actions W&re adopted. ,~eversal of Building Department's Action: Appl. No. 4777 ~ Stephen Bloom ppro~ed with Condition(s): Appl. No. 4781 - BrUno Cippitelli. ' Page 4 - Minutes February 3, 2000 Regular Meeting Southold Town Board of Appeals RESOLUTION S/OTHER MAR O0 2000 Sout/tokl 1. Code Committee of the Town Board - Meeting date confirmed 2. Update confirmed regarding filing of new applications before deadline, to be advertised for Thursday, March 2, 2000 Public Hearings. 3. Update confirmed that July 2000 ZBA Meeting dates were modified from 7/6 to 7/13, and from 7t12 to 7/19. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 8:50 p.m. Respectfully submitted, I:~nda Kowalski 2~24~00 Clerk, Board of Appeals ~, ~,' ,~)a-t'E".ALS.BOARD MEMBERS Gerard P. Goehringer, Chairman' James D/nizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI.S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 3, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4723- SOUTHAMPTON LUMBER CORP. 1000-114-11-24.3 STREET & LOCALITY: 13650 Main Road, Mattituck I. BASIS OF APPEAL: The applicant, Southampton Lumber Corporation, applied to the Building Department on December 16, 1998 for new Certificate of Occupancy to, in the applicant's words, "update" the Certificate of Occupancy issUed in 1993 (No. Z12023) for a lumber yard and woodworking business. The Building Department on January 13, 1999 issued a Notice of Disapproval which Stated that the" application to rs-institute lumber yard in HB -Zone use" is disapproved pursught to Article XXIV, Section 100-242 G of the Southold Town Code which states: "Except as p~bvided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of rifle, possession or-occupancy or right thereof, may be conrinued indefinitely, except that such building or use: G. Whenever a nonconforming use of a building or premises has been discontinued for a period or mots than two (2) years Or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the conforming use of such building or prerriises shall rio longer be permitted unless a variance therefor shall have been granted by the Board of ApPeals." II. REQUESTS MADE BY APPLICANT: 1. In the first application No. 4668, Sd~a"mpton Lumber Corp. requested permission to reinstate the lumber yard use and Woodworking business at 13650 Main .Road in the hamlet of Mattituck, NY. Applicant had r~queSted the Zoning Board of Appeals to: Reverse the Building Inspector's determination dated 1/13/99 that the nonconforming use: has been abandoned. In a May 9, 1999 decision, the Board of Appeals denied applicant's request for a determination that the lumber yard operation had continued as a nonconforming use, and ruled that such use had been discontinued under Section 100-241.G. 2. On June 18, 1999 Southampton Lumber Corp. filed a new application for a Use Variance for "building materials StoraQ~ and sale~ pursuant to 100-241-G of/tie ToWn Code, which standards' are governed'by New Y~ TOAfn Law' ~67-b2, . .... '~age 2 - February 3, 2000 ZBA Appl. No. 4723 - Southampton Lumber Corp. Parcel 1000-1J.4-11-23.3 at Mattituck III. PROPERTY FACTS/DESCRiPTION: The property is located in the Hamlet Business zone district and is bound on the north by Main Road (a/Ida State Route 25); to the west by primarily improved Hamlet Business zoned land, to the east by Residential Office zoned land, improved with a library and church; and to the north of Main Road by Hamlet Business zoned properties, which consists of mixed business and residential uses. The property contains 82,003.63 sq. ff. and is improved with a 31 ft. by 64 ff. two-story bdck principal building, which was formedy used for retail sales and office space; and two large concrete block buildings, approximately 167 ft. by 40 ft. and 150 ft. by 64 ft., which were formerly used for lumber storage and woodworking, all in accordance with a survey dated November 30, 1998 prepared by Joseph A. Ingegno submitted with this application. Until 1989, the applicant's property was zoned C-Light industrial. In 1989, the Town of Southoid' adopted new zoning regulations and new zoning maps and the applicant's property was rezoned HB (Hamlet Business). IV. INFORMATION: 1. The Zoning Board held a public hearing on this matter on July 22, 1999. The Board continued deliberations and found Board Members had questions which could not be answered from the record submitted by application. On October 14, 1999, the Board passed a Resolution to reopen the headng for a public headng to be held November 18, 1999, and advertised the Legal Notice of this headng in the official Town Newspaper in accordance with Town Law. 2. Three days before the hearing, NoVember 15, 1999, the applicant, Stephen L. Ham I11, forwarded a letter confirming that "Southampton Lumber Corporation has chosen not to participate" in the headng scheduled for Thursday, November 18, 1999, and Notices required by Chapter 58 of the Town Code' were. not completed by applicant for certified mailings or posting of a sign at the subject property). The headng was canceled by applicant. 3. After considering del~erations again, action to move forward with a Decision was again not attainable for the same reason for Board Members' questions. 4. In a further effort to provide applicant an opportunity to consider the Board's request to provide and cladfy hearing information, necessary for the Board to move forward with a Decision, the Board on November 18, 1999 passed a Resolution re-calendaring the headng to January 13, 2000, with advertising of the Legal Notice to follow applicanfs Notices for certified mailings and posting of- a sign as required by Chapter 58 of the Town COde for the January Headng. 5. Notice of the hearing was forwa~ed to the applicant on November 22, 1999 and Notice under..~ Chapter 58 was'again ~quested ofi~e, apPlicantl ... ~, Page 3 - February 3, 2000 ZBA Appl. No. 4723 - Southampton Lumber Corp. Parcel 1000-114-11-23.3 at MattiLuck 6. On December 3, 1999 the Board of Appeals received correspondence requesting that the Board to outline questions to be asked if the headng were held in January. 7. On December 30, 1999 the Board's Secretary called the applicant (Stephen L. Ham III) to inquire whether the Chapter 58 Notices were completed. 8. The applicant (Stephen L Ham Ill) again confirmed that the Notices under Chapter 58 would not be done and that further advised the Board Secretary not to advertise the application for a headng, and that the applicant will not participate in a headng. 9. The ;January 13, 2000 headng was not noticed 'by applicant s required by Chapter 58 of the Town Code, and the headng was canceled. RESOLUTION: With respect to the Application filed by Southampton Lumber Corp. fora use variance; the applicant has failed to comply with the procedures of a Zoning Board Use Vadance application. The specifics are set forth above. Based on the applicant's intentional and deliberate failure to comply with the application procedure and process and applicant's stated position that it will not and does not intend to comply with same, motion is offered by Chairman Goehdnger, seconded by Member Tortora, to deem this application of Southampton Lumber Corp. (No; 4723) ABANDONED and/orWITHDRAVVN. VOTE OF THE BOARD: AYES: NAY: Member Collins. adopted (3-1). Members Goehringer (Chairman), Tortora, Homing. (Absent due to illness was Member Dinizio.) This R,~solution wa.s duly ~:~7::;000' , mber -APPE~M_~S BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEAI,S TOWN OF SOUTHOLD FINDINGS DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 3 2000 Appl. No. 4777 -STEVEN BLOOM 1000-126-11-15 STREET & LOCALITY: 7800 Peconic Ba,tYhBOUlevard Laurel DATE OF PUBLIC HEARING: January 13t and January 19, 2000 FINDINGS OF FACT Southold Town.Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BASIS OF APPEAL: Building Inspector's December 17, 1999 Notice of Disapproval, denying applicant's request to amend 'Building Permit No. 26151Z to cover work in addition to the foundation repair that was authorized under the Permit. The reason for denial is that the additional work is a "substantial renovation" of the cottage in violation of Code section 100-243A, which states that a nonconforming building with a nonconforming use shall not be "enlarged, reconstructed, structurally altered or moved" unless the use becomes conforming. RELIEF REQUESTED: Applicant requests authorization to carry out planned intedor repairs to the cottage, in order to eliminate termite and other insect infestation and to improve windows, doors, heating and other features. Repair of the cottage foundation is permitted by Building Permit No. 26151Z and is not an issue here. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The cottage constitutes a second dwelling unit on the subject property and is therefore a nonconforming use. (2) After applicants purchased the property eady in 1999, they undertook to replace the cottage foundation. Building Permit No. 26151 was issued for this work. When termite and other insect infestation was found in the cottage, intedor paneling was tom out in order to clear the infestation. Improvements to the windows, door, heating, and other features of the cottage were planned as part of the work that, resulted from the need to clear the infestation. (3) Applicants sought to amend Building Permit No. 26151Z to cover the additional work, but were denied. At a hearing on January 19, 2000, the head of the Building Department testified: (1) that the term "substantial renovation" in the Notice of Disapproval means 'reconstruction,' which is prohibited by Code Section 100-243A; (2) that the proposed work amounts to a "reconstruction" because so much is being done at one time, whereas the separate elements of the project would be permitted as normal maintenance under Section 100-245 if done separately over a pedod of time. (4) Testimony was given that applicant is not enlarging the cottage or changing the room layou[ .The Board COnCludEs that the WOrk for which a building Permit has been de~ied -- that is, Page 2 - February 3, 2000 Appl. No. 4777- 1000-126-11-15 (Bloom) Southold Town Board of Appeals the work other than the foundation repair -- is "normal maintenance" intended to keep the cottage safe and usable and permitted under section 100-245, and that the concentration of this work into a single project at one point in time does not make it a "reconstruction" prohibited by section 100- 243A. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, that this Board finds that the work for which applicant seeks to amend Building Permit 26151Z is permitted by Code Section 100-245, and that this Board, pursuant to its authority under Section 267-b(1) of New York Town Law, hereby reverses the Building Inspector's December 17, 1999 Notice of Disapproval. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins. (Members Homing.and Dinizio were absent.) This ResUme, , , ; Approved for Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 3, 2000 AppL No. 4781 - BRUNO CIPPITELLI 1000-104-10-7 STREET & LOCALITY: 220 Broadwaters Road, Cutchogue DATE OF PUBLIC HEARING: February 3, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is referred to as Lot No. 182 on the Amended Map A of NasSau Point filed as Map No. 156 in the Office of the Suffolk County Clerk. The property is identified on the County Tax Maps as Distdct 1000, Section 104, Block 10, Lot 7 and has 71.66 ft. frontage along Broadwaters Cove (tie line). The lot has 120.65 ft. frontage along the Broadwaters Road and consists of a total area Of 41,000+- sq. ft. BASIS OF APPLICATION: Building Inspector's November 9, 1999 Notice of Disapproval which states that under S6ction 100-30A.3 of the Zoning Code, a minimum side yard is required to be 15 feet and total side yards at 35 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance to construct an addition which will leave the existing nonconforming side yard setback of five (5) feet from the side property line, while conforming to an existing 16 ft. side yard setback for the remaining construction. The use of 'the detached "cottage" was corrected by applicant at the February 3, 2000 headng as accessory storage use rather than cottage use. (The survey mislabeled its use as a "cottage" on the May 14, 1994 survey). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The accessory building (referred to as "cottage") has existed in its present location with a nonconforming 5.5 ft. westerly side yard 'setback for at least 50 years With no adverse impact on the neighborhood. The principal dwelling has existed in its present location with a conforming 16-ft. westerly side yard setback for at least 50 years with no adverse impact on the neighborhood. The principal dwelling has existed in its present location with a conforming 16-foot westerly side yard setback for at least 50 years with no adverse impact on the neighborhood. The vadance requested wi I not ncrease the exist ng side yard SetbaCk of the accessory building (referred to as "cottage"), or the westedy side yard setback ~f the prinCipal dwelling, W~e~ the two structures are Combined into one principal dwelling. 2. The benefit s00~'h~t bYthe ~pplicent cennot be achieved by some method, feasible for the apPii~nt !o,, p~Sue ' 0{h~r than an area variance because When the accessory building (referr'~d t~o as ~'~ ttage'') and the principal structure are merged in placel the single principal dwelling w~uld havea toial cOmbined side yard of 26.5 feet rather than the COde required 35 feet, Page 2 - February 3, 2000 Appl. No. 4781 - 1000-104-10-7 (Cippitelli) Southold Town Board of Appeals and a side yard of 5.5 feet rather than the code-required 15 feet. 3. The vadance is not substantial because the existing side yard setbacks will not be expanded. 4. The proposed vadance will not have an adverse effect or 'mpact on the physical or environmental conditions in the neighborhood or district. No evidence has been presented to suggest that the variance herein granted would have a negative impact on physical or environmental conditions in the area. 5. Grant of the requested vadance is the m~nimum necessary and adequate to enable applicant to enjoy the benefit of a dwelling addition, while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tod. ora, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITION: That the proposed construction connecting both the main structure and the accessory structure will merge th em as one principal building with a heated building enclosure. VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Tortora, and Collins. (Members Homing and Dinizio were absent during this Resolution.) This Resolution was duly adopted (3-0). ~,~ LORA S. COLLINS, Member 2/8/00 . ~'~ BOARD MEMBERS jard P. Goehringer, Chairman ~,~¢'~ James Dinizio, Jr. J Lydia A. Tortora --:-~ Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 3, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 South_old, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4783- GERARD GRALTON 1000-138-2-11 STREET & LOCALITY: 5765 Skunk Lane, Cutchogue DATE OF PUBLIC HEARING: February 3, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject lot is located at the northeast corner of Skunk Lane and Sterling Road in Cutchogue. A survey by John Metzger dated December 23, 1998 shows total area of 20,310 sq. ft, with frontages of approximately 256 feet on Sterling Road and 101 Feet on Skunk Lane. The lot is not rectangular, and narrows to approximately 62 feet along its easterly border. BASIS OF APPLICATION: Building Inspector's January 13, 2000 Notice of Disapproval denying a building permit for'a proposed dwelling because it would have a side yard setback on the northerly side of only 10 feet, less than the 15-foot minimum required by Code section 100-244B. AREA VARIANCE RELIEF REQUESTED: Applicants ask for a variance authorizing a location of the dwelling as proposed, facing Sterling Road and having front yards of 40 feet on Sterling Road. and 75 feet on Skunk Lane, a side yard of 10. feet on the north and a rear yard of 95 feet on the east. Other than the northerly side Yard, the setbacks comply with Code Section 100-244B. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and perSonal inspection, the Board m~akes the following findings: (1) The lot is narrow and not rectangular, growing progressively narrower from Skunk Lane toward the easterly property line. A. substantial setback from Skunk Lane is dictated by considerations of the flood zone and the authorized septic tank location. That substantial setback puts the proposed dwelling in a location where the. lot is around 80 feet deep. The front yard (40 feet) and minimum side yard (15 feet) setbacks requ. ired under Section'100-244B would leave about 25 feet of depth for the house. In order to build a house of reasonable size, applicants require a variance. (2) Because this and other neighborhood lots are relatively narrow, the Code's side yard setback requirements are particularly significant.. The northerly neighbor, appearing in opposition to the requested variance, emphasized the importance of the side yard setback. (3) The action set forth below will not pmduce an undesirable fh. ange. in the- character of the neighborhOod or detriment to nearby properties because it preserves the Page 2 - February 3, 2000 Appl. No. 4783 - 1000-138-2-11 (Gralton) Southold Town Board of Appeals minimum side yard setback of 15 feet while authorizing a front yard setback on Sterling Road that is only 5 feet less than the 40 feet required by Section 100-244B (4) The New York State Department of Environmental Conservation has waived jurisdiction over the subject property, and the Town Trustees have granted a wetland permit for the construction. The Board is not aware of any evidence that the action set forth below will have an adverse effect or ~mpact on physical or environmental conditions. (5) The action set forth below is the minimum necessary and adequate to enable applicant to build a house .of reasonable size and shape, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Homing, it was RESOLVED, to DENY the side yard variance applied for and ALTERNATIVELY to GRANT a variance authorizing location of the proposed dwelling with a setback of 35 feet from Sterling Road. VOTE OF THE BOARD: Horning. illness.) AYES: Members Goehringer (Chairman), Tortora, Collins, and This Resolution was duly adopted (4-0). (Member Dinizio was absent due to LORA S. COLLINS, MEMBER 2/9/00