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Home My WebLink AboutZBA-03/25/1999APPEALS 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 Hall 53095 Maim Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 MINUTES THURSDAY, MARCH 25, 1999 REGULAR MEETING 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, MARCH .25, 199~ commencing at 6:35 p.m. Present were: Gerard P. Goehdnger, Chairman .lames Dinizio, .lr., Member Lydia A. Tortora, Member George Horning, Member (left at 8:10 p.m.) Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 6:40 p.m. Chairman Goehringer called the meeting to order and then proceeded to Agenda Item II. The Chairman read the Legal Notice for the first public hearing, as follows: PUBLIC HEARINGS 6:43 - 7:33 p.m. Appl. No. 4662 - PATRICIA RUSHIN and PAMELA MO1-FLEY regarding property at 6850 Indian Neck Lane, Peconic; 1000-86-7-5 (containing 3.43+- acres). Variances are requested for Variances under Article III, Sections 100-32, 100-33, and Section 100-235A(2) based upon a Notice of Disapproval issued December 10, 1998 in this pending subdivision project for: (a) Insufficient lot width for each proposed Parcel A and B~ for one single-family dwelling use on each Parcel; (b) Insufficient lot area of proposed Parcel A; (c) Insuffident side yards for each proposed Parcel A and Bi (d) Insufficient total side yards for each proposed Parcel A and B. (e) Proposed Parcel B - with "no safe and convenient access (f) Bathhouse structure on Parcel A. Patricia Moore, Esq. appeared and spoke at great length for the applicants. Also speaking was Pamela Mottlley, an applicant. Opposing the application was Mrs. Katherine Varano. Page 2 - Minutes Regular Meeting of March 25, 199~ Southold Town Board of Appeals (Please see wdtten transcript of hearing statements, prepared separately.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the verbatim portion of the hearing and to extend the written portion until April 22, 1999. Vote of the Board: AYES: All (5-0). 7:33,7:40 p.m. (Continued headng from February 23, 1999) Appl. No. 4655 - ]. BOYLE and HANDS FUEL CO. Robert Hughes, Esq. appeared and spoke in behalf of the applicants. After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 7:40 - 8:05 p.m. Appl. No. 4660 - EMPIRE PETROLEUM. This is a request for a Special Exception under Article XX, Section 100-101B(12) to establish a new Retail Gas Sales- Convenience Store at 74495 Main Road, Greenport; 1000-45-4-4.1 (or 4). Architect Garrett A. Strang appeared and spoke in behalf of the applicant. Opposing the application were: Mrs. Carol Giovanelli of Greenport, and Norman Reich, owner and operator of the R & R Automotive Gas/Service Center across the street). After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Collins, and duly carried,'to recess ~he hearing. Vote of the Board: AYES: All (5-0). 8:05 - 8:12 p.m. A short break was taken. 8:12 p.m. Member Horning left as agreed to return to Connecticut and Fishers Island. 8:15 p.m. Motion to reconvene the meeting was made by Chairman Goehringer, seconded by Member Collins, and duly carried (4-0). II. PUBLIC HEARINGS,.continued: 8:15 - 8:28 p.m. - Appl. Nos. 4667 and 4670 - 3OHN and LUCIA SICA. A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244B and Article XXIII, Section 100-239.4B for permission to locate proposed dwelling with setbacks at less than 75 feet from the existing bulkhead and less than 40 feet from the front property line (facing private right-of-way). Location of Property: Private right-of-way extending off the south side of Main Road (S.R. 25), East Marion, NY; Parcel 1000-31-14-9. Mr. and Mrs. Sica spoke in behalf of their application. (No one appeared in opposition.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carded, to close the hearing. Vote of the Board: AYES: All (4-0). DELIBERATIONS/DECISION: 8:28 p.m. At this time, the Board deliberated and adopted a favorable determination reversing the decision of the Building Inspector regarding Appl. No. 4655 in the Matter of Boyle and Hands Service Station. See Decision 'adopted and filed in the Town Clerk's Office, copy attached at the end of this set of minutes. PUBLIC HEARINGS, continued: 8:30 - 8:38+- p.m. Appl. No. 4663 - DR, FRANK AND 3EAN MIRCHEL. This is a request for Page 3 - Minutes Regular Meeting of March 25, 199~ ~ Southold Town Board of Appeals a Variance under Article XXIV, Section 100-244B, based upon a Notice of Disapproval issued ]anuary 27, 1999 for approval of the setback location of an "as built" addition to dwelling located at 2485 Yennecott Drive, Southold, NY; County Tax Map Parcel 1000-55-4-:L6. Mr. Warren Sambach, Engineer spoke in behalf of the applicants. Mr. and Mrs. Mirchel were both present regarding their application. (No one appeared in opposition.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carded, to close the hearing. Vote of the Board: AYES: All (4-0). 8:38+- - 9:42 p.m. Appl. No. 4664 - ROBERT LUSTGARTEN (Joseph Tavanno, Contract Vendee). This is a request for a Variance under Article XXIV, Section 100-244B, based upon a Notice of Disapproval issued .lanuary 19, 1999 to construct new dwelling, after demolisl~ing existing dwelling, which building area will exceed the 20% code limitation for total lot coverage of all buildings and be located less than 35 feet from the front property line. Location of Property: 2575 Old Orchard Lane, East Marion, NY; County Tax MaP 1000-37-6- 7.1. Alfred Volkman, Attorney appeared and spoke for the applicant. The applicant- contract vendee, Joseph Tavanno, and owner-Mrs. Lustgarten, both spoke supporting this application. Abigail Wickham-Bressler, Attorney representing the Gardiners Bay Association, spoke against the application. Also speaking in opposition were residents~ Ralph Martin and Frank ThOrp. After receiving testimony, motion was made by Chairman Goehdnger, seconded by Member Tortora, and duly carried, to recess the hearing without a new date. (Mr. Volkman offered to discuss a new plan with the contract vendees, later returning to the Board when prepared.) Vote of the Board: AYES: All (4-0). 9:42 - 9:52 p.m. Appl. No. 4666-ROBERT AND .]OYCE BARRY. This is a request for a Variance under Article III-A, Section 100-30A.4, based upon a Notice of Disapproval dated January, 22, 1999 to construct new detached two-car garage with second floor attic, located in a yard other than the required rear yard. This parcel is a corner lot known as 875 West Cove Road (at West Loop), Nassau Point, Cutchogue, NY; County Tax Map 1000-:Ll:L-3-18; also referred to as Lot 20 on the Subdivision Map of Alonzo 3ersey. Mr. and Mrs. Barry both spoke in behalf of their application. (No one appeared in opposition.) After receMng testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carded, to close the hearing. Vote of the Board: AYES: All (4-0). The next application was cancelled (after advertisement) by applicant's Attorney. 'The hearing was not opened because Chapter 58 was not completed by applicant. 9:52 p.m. Appl. No. 4669 - GERALDINE FEREND. Location of Property: 5125 and 5345 Vanston Road, Cutchogue, NY; County Tax Map Parcels 1000-111-14-1 and 2. The Chairman confirmed that the April 22, 1999 calendar was full, and indicated that this appliCation will be readvertised for May 20, 1999. 9:53 p.m. Appl. No. 4671 - HENRY L. FERGUSON MUSEUM. VarianCes are requested under Article XXIV, Section 100-241-A and Article I~[I, Section 100-32, based upon two Notices of Disapproval issued February 2, :[999, for permission to construct addition with insufficient front yard setback(s) and alterations to an existing nonconforming (Museum) use in this R- 80 Residential Zone District. Location of PrOperty: N/W side of Equestrian Avenue (Bell Hill Avenue and West Street), Fishers Island, NY; County Tax Map No. :L000-009-04-11.1. Stephen L. Ham :III:, Attorney spoke in behalf of the applicant. (No one appeared in opposition.) After receiving testimofiy, motion was made by Chairman Goehdnger, seconded Page 4 - Minutes Regular Meeting of March 2S, :L99~ Southold Town Board of Appeals by Member Tortora, and duly carded, to close the hearing. Vote of the Board: AYES: All (4- 0). 10:02 p.m. Appl. No. 4668 - SOUTHAMPTON LUMBER CORP. This is a request for a Variance under Article XXIV, Section 100-241-G, for permission to reinstate (re-establish) use as a lumberyard and related activities, which use is nonconforming in this Hamlet-Business Zone District. Location of Property: 13650 Main Road, Mattituck, NY; County Parcel No. :1000-114-11-24.3. Stephen L. Ham ]:II, Attorney spoke for the application. Other speakers~ who were swom in by the Chairman, were: H. Merrill Becker, President of Southampton Lumber Corp and Dennis G. Smith, Contract Vendee. Opposing the application was Donielle Cardinale, resident of property at the corner of Main Road and Wickham Avenue. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing. Vote of the Board: AYES: All (4-0). End of Hearings. DELIBERATIONS/DECISIONS: Appl, No. 4671- HENRY L. FERGUSON MUSEUM. The Board deliberated and adopted a favorable determination (copy attached at the end of this set of Minutes). DATE FOR A SPECIAL MEETING: The Chairman set April 7, 1999 at 6:30 p.m. at the date of the next Special Meeting, for carryovers from tonight's agency items and new matters properly coming before the Board at that time. III. RESOLUTIONS: a) On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to approve the followinq Minutes: March 5, 1999 Special Meeting February 23, 1999 Regular Meeting .lanuary 21, 1999 Regular Meeting January 27 Special Meeting. Vote of the Board: Ayes: All (4-0). b) On motion by Chairman Goehdnger, seconded by Member Collins, it was RESOLVED, to authorize advertisement of the following matters for public headngs to be held Thurs., April 22, 1999: NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public headngs on Page 5 - Minutes Regular Meeting of March 2S, 199~I1' Southold Town Board of Appeals THURSDAY, APRIL 22, 1999 by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 at the times noted below (or as soon thereafter as possible): 6:35 p.m. Appl. No. 4677 - STEPHEN AND JENNIFER SCACE. A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244 to locate a proposed dwelling with a setback at less than 55 feet from the (westerly) ront property line. The subject property contains less than 79,999 sq. ft. in area and is defined as a corner lot with more than one front yard area under the Zoning Code. Location of Property: East End Road, Fishers Island, NY; County Parcel No. 1000-4-5-18. 6:40 p.m. Appl. No. 4672 - DOUGLAS AND AMY ROSE. A Variance is requested under the Southold Town Zoning Code, Article XX]:V based upon the December 3, 1998 Notice of Disapproval which states that the proposed addition does not meet the requirements of Section 100-244 for a required 15 ft. side yard setback. Location of Property: 500 Maple Lane, Southold, NY; County Parcel 1000-64-01-20. 6:45 p.m. Appl. No. 4673 - JOHN LANG (HANS LANG). A Variance is requested under the Southold Town Zoning Code, Article IIIA, Section 100-30A.4, based upon the January 28, 1999 Notice of Disapproval which states that the proposed shed is in the front yard area. Location of Property: 190 Osseo Avenue, Southold, NY; Parcel 1000-87-3-20. 6:50 p.m. Appl. No. 4674 - STEPHEN FRIEDMAN. A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244B, based upon the January 8, 1999 Notice of Disapproval which states that the proposed addition/alteration to an existing dwelling is less than 25 feet for total combined side yards. Location of Property: 2140 Deep Hole Drive, Mattituck, NY; County Parcel 1000-123-04-4.1. 6:55 p.m. Appl. No. 4678 - VINCENT AND LINDA BAStLICE. Variances are requested under the Southold Town Zoning Code, Article XXIII, Section 100-239.4B and Article IIIA, Section 100-30A.3, based upon two February 23, 1999 Notices of Disapproval which state that the proposed raised brick patio is less than 75 feet from bulkhead and will exceed 20% lot coverage. Location of Property: 3255 Bay Shore Road, Greenport, NY; County Parcel 10,00- 53-6-8. 7:00 p.m. Appl. No. 4680 - RAYMOND AND BARBARA TERRY. A Variance is requested under the Southold Town Zoning Code, Article XXIII, Section 100-239.4B, based upon the Notice of Disapproval which states that the deck is proposed to be located within 75 feet of existing bulkhead. Location of Property: 610 .]ockey Creek Drive, Southold, NY; Parcel No. 1000-70-5-11. 7:05 p.m. Appl, No. 4665 - FRANK RAYNOR. A Special Exception is requested under Article III, Section 100-31B(14) for approval of Accessory Apartment Use in applicant's existing residence at 3370 Wickham Avenue, Mattituck, NY; Parcel No. 1000-107-9-15. 7:10 p.m. Appl. No. 4676 - ALBERT PALUMBO. Variances are requested under the Southold Town Zoning Code, Article XX:[II, Section 100-239.4A(1) and Article XXIV, Section 100-244 based upon two .lanuary 12, 1999 Notices of Disapproval which state that the proposed deck addition is within 100 feet of the bluff or bank of the Long island Sound and Pa~e § - Minutes Regular Meeting of March 25, Southold Town Board of Appeals does not meet the requirements of Section 100-244 for total side yards of 25 feet (10 ft. and 15 lt. each, as a minimum). Location of Property: 1095 Aquaview Avenue, East Marion, NY; 1000-21-2-14. 7:15 p.m. Appl. No. 4679 - 3ACKIE AND .1ON ROGERS. A Vadance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244 based upon the March 2, 1999 Notice of Disapproval which states that the proposed addition is located at less than 35 feet from the rear property line. Location of Property: 9220 Main Road, East Marion; Parcel 1000-31-8-4. 7:20 p,m. Appl. No. 4684 - SHAWN TULLY. A Variance under Article XXIII, Section i00- 239.4A(1) based upon the March :[2, 1999 Notice of Disapproval which states that an addition is proposed at less than 100 feet from the top of the bluff of bank of the Long Island Sound. Location of Property:. 2840 Stars Road, East Marion, NY; Parcel 1000-22-3-1. 7:40 p.m. Appl. No. 4682 - PETER AND MARILYN WINTERS. A Variance is requested under the Southold Town Zoning Code, Article III-A, Section 100-30A.4 (ref. 100-33) based upon the December 29, 1998 Notice of Disapproval for the reason that (a portion of) the accessory inground swimming pool is in the side yard area. Location of Property: 505 Custer Avenue, Southold, NY; Parcel 1000-70-8-24. 7:50 p.m. Appl. No. 4681 - MICHAEL K. HUGHES and NORTH SHORE YACHT SALES. A Special Exception is requested under the Southold Town Zoning Code, Article XX, Section 100-101B(12) for permission for retail sales, display and service of boats and marine items, an authorized use in this "B" General Business Zone District. Location of Property: 9605 Main Road (formerly Bergen Oil), Mattituck, NY; Parcel 1000-122-6-12. 7:52 p.m. Appl. No. 4683 - VIRGINIA CAMPBELL ((by Patrick Kelly) . A Variance is requested under the Southold Town Zoning Code, Article III-A, Section 100-30A.3 and Article XXIII, Section 100-239.4 based upon two February 26, 1999 Notices of Disapproval which state that the addition is proposed to be located at less than 75 feet from the bulkhead and will exceed the overall 20% lot coverage limitation. Location of Property: 215 Harbor Lights Drive, Southold, NY; Parcel 1000-71-2-6. 8:00 p.m. Appl. No. 4675 -ANTHONY HUGHES and SUSAN HULME. A Variance is requested based upon the .lanuary 21, 1999 Notice of Disapproval which states that under Article XXIV, Section 100-244B, the required side yard for lots with .58 acre is to be 15 ft. minimum and a total combined side yard of 35 feet. Location of Property: 1330 Salt Marsh Lane, Peconic, NY; County Parcel 1000-68-03-03. 8:10 p.m. Appl. No. 4636 - PATRICK MORTIMER. A Variance under Article XXIII, Section 100-239.4B is requested for a deck addition, as shown on survey amended by March 2, 1999 and March 18, 1999, to be located at less than 75 feet from the existing bulkhead at 3895 Paradise Point Road, Southold, NY; Parcel 1000-81-1-8. VOTE OF THE BOARD: AYES: (4-0). This Resolution was duly adopted. Page 7 - Minutes Regular Meeting of March 25f :~99~ Southold Town Board of Appeals The Chairman declared the meeting adjourned at approximately 10:56 p.m. Respectfully submitted, Linda Kowalski 4/2/99 Board Secretary Cases Attached: (2) Resolution: 4/8/99 Minutes Approved for Filing 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 Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 25, 1999 Appl. No. 4655 - JOHN F. BOYLE and HANDS SERVICE STATION. STREET & LOCALITY: 24405 Main Road (S.R. 25), Orient, NY Parcel (part of) 1000-18-2-33 - 3. Boyle, Owner. DATE OF PUBLIC HEARING: February 23, :1999 and March 25, :1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The land which is the subject of this application is owned by .1. Boyle and others and is an L-shaped 50 ft. wide stdp of land commencing from a point along the north side of the Main Road extending northerly along land of Hands a distance of 217.55 feet, and then extending westerly along the north side of the Hands parcel a distance of 250.88 feet. This strip of land is situated at the most southwesterly corner of the Boyle parcel identified on the Suffolk County Tax Maps as District :1000, Section 18, Block 2, Lot 33. The parcel adjoining this area to the west and south is the Orient Service Center, owned by William Hands, zoned "B General Business." The use of this property has been for gasoline sales and repair, established prior to 1957 (enactment of zoning). The section of land owned by Boyle which is the subject of this application land is unimproved and is used for parking and storage of automobiles by the Service Center. BASIS OF APPEAL: The Building Inspector's November 18, 1998 Notice of Disapproval citing Article III, Section 100-31 and that "the proposed lot line change will create a nonconforming use (automobile storage) in the R-80 Residential Zone District." RELIEF REQUESTED: To allow continued use of the stdp of Boyle land, zoned R-80, for parking and storage of automobiles by Orient Service Center after such strip is conveyed to Hands and merged with land identified as Parcel No. 1000-18-2-32 (Orient Service Center). REASONS FOR ACTION OF THE BOARD: Zoning Code Section 100-24:1 permits a preexisting nonconforming use to continue despite ownership change, provided the use is not altered, enlarged or discontinued for over two years, applicant has submitted sworn affidavits attesting use of the parcel for parking vehicles at the service station since before the enactment of zoning in 1957 and discontinuance having been only seasonal and for less than two years. Under Code Section 100-24:1, this use may be continued after ownership of the parcel is transferred from Boyle to hands. ACTION OF THE BOARD: On motion by Member Collins, seconded by Chairman Goehdnger, it was RESOLVED, to REVERSE the Building Department Notice of Disapproval of November 18, 1998 because the preexisting nonconforming use may continue APPEALS 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 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 25, 1999 Appl. No. 4671 - HENRY L. FERGUSON MUSEUM. INC. PARCEL 1000-9-4-11.1 STREET & LOCALITY: Equestrian Avenue, Fishers Island DATE OF PUBLIC HEARING: March 25, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above identified property is preexisting and contains a nonconforming use in this R-80 Residential Zone District on Fishers Island, and consists of an acre of 3.21+- acres with 186+- ft. frontage along Equestrian Avenue. This property adjoins properties in a quaintly developed Hamlet Business (HB) Zone District occupied by the commercial buildings of the village center. The parcel is improved with one museum building which is owned and occupied by the H. Lee Ferguson Museum, Inc., a not-for profit private foundation. This 2,330+- sq. ft. one-story building was constructed in 1972, with an additional expansion in 1990. The current lot coverage is 1.7% and the new addition would increase lot coverage to 2.6% as proposed. The remaining portion of the property is occupied by a rustic wetlands-wildlife sanctuary which is freely open for public access from any of the three public roads around the property. BASIS OF APPEAL: The Building Inspector's February 2, 1999 Notice of Disapproval, under Article XXIV, Section 100-241-A in which a building permit was requested for an addition to an existing museum~ a nonconforming use in this R-80 Zone District. VARIANCE RELIEF REQUESTED: Applicant is requesting an additional building area of 1,315 sq, ft. for the museum, The proposed addition would further reduce the existing setback from the nearest corner of the building to the Town right-of-way from 41.5 feet to 28.8 feet. The R-80 Residential Zone District requires a minimum front yard setback of 60 feet (or the average within 300 feet on the same block and same side of the street). Equestrian Avenue contains a side walk on the museum side of the road and the distance to the center of the sidewalk from the closest point of the proposed addition would be 38+- feet and the distance to the edge of the existing pavement of Equestrian Avenue would be 45+- feet. Page 2 - Appl. No. 4671 R~: 1000-9-4-11,1 (Ferguson) ZBA Decision - March 25, 1999 REASONS FOR BOARD ACTION~ DESCRIBED BELOW.' With regard to Section 100-241A, the Board of Appeals is cognizant of the fact that this use (museum sanctuary) has existed on this property since 1972. This use is acknowledged as having a positive beneficial impact upon the surrounding more densely developed neighborhoods, both commercial and residential, because the museum occupies such a small percentage of the parcel which is otherwise designated to publicly accessible open space. The Museum provides a vital and beneficial service to Fishers Island. zt is the repository of a wealth of knowledge which encompasses both local history and a realm of natural sciences. :In order for the Museum to continue fulfilling its mission on Fishers :[sland in a positive and progressive manner, it is essential that it be allowed to expand its premises. Such expansion will be an enhancement rather than a detriment to the character of the neighborhood and nearby properties because the museum occupies a special niche in this small community and its mission is overwhelmingly supported by the residents. With regard to Section 100-32 (Bulk, Area and Parking Regulations) and while there is no other feasible way for the applicant to accomplish an increase in museum space for the purpose of creating additional exhibit display and storage facilities, the only feasible method is for the requested encroachment into the front yard setback facing Equestrian Avenue. As a result and due to topographical constraints on the property, the Board concludes that a museum addition will not change or expand the existing use because it will be for exhibits and displays related to the Museum, which exists. 1) The granting of the variance will not produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties because the presence of the Museum and its adjacent wetlands wildlife sanctuary, situate upon a 3.21+- acre parcel enhances the character of the neighborhood and also the value of nearby properties. 2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the topography of the parcel, which contains a small museum building and a scenic weUands-wildlife sanctuary, places severe limitations upon the location and direction suitable for expansion of the building. 3) The requested variance is substantial only in respect to the proposed front yard setback from the Town right-of-way known as Equestrian Avenue. The distance to the center of sidewalk frOm the closest point of proposed addition is 38+- feet and the distance to the edge Of existing pavement is 4S+- feet. 4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physica~ or environmental conditions in the neighborhood or district because the adjoiningJ Hamlet Business zoned neighborhood contains commercial buildings that are much closer to the street. Page 3 - Appl. No. 467:1. RA: 1000-9-4.-1)..1 (Ferguson) ZBA Decision - March 25, :1,999 5) The alleged difficulty has not been self-created because within the recognition of the Museum's need and desire to expand the existing facility is a further recognition that the site topography presents a situation that cannot be deemed to be self-created. :In considering this application, the Board deems an addition to the existing museum is the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUT:[ON/ACTION: On motion by Member Horning, seconded by Member it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: GOEHRINGER, DTNTZTO, TORTORA, COLLTNS~ HORNTNG. This Resolution was duly adopted (5-0). GERARD P. GOEHR/NGER CHATRMAN For Filing 3/26 or 3/29/99