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Home My WebLink AboutZBA-10/20/2005 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765.9064 MINUTES REGULAR MEETING THURSDAY, OCTOBER 20,2005 Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIV.:O JUN 5 2006 S i'." ou l.vlil Tl.I,.! Clerk A Regular Meeting of the SOUTH OLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, October 20,2005 commencing at 9:00 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member James Dinizio, Member Vincent Orlando, Member Michael A. Simon, Member Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter 9:13 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: Tvpe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): JOHN MORSE #5726. JOHN and ANTOINETTE ROBERTSON #5776. THOMAS ANDERSON #5782. Page 2 - Minutes Meeting held October 20, 2005 Southold Town Board of Appeals Tvoe II Actions continued: (No further steps - setback/dimensional/lot waiver/accessory apartmenVbed and breakfast requests): ROMAN WATROBA #5774. RICHARD and MARIE SCHULKEN #5771. RICHARD KUBIAK #5780. BENEDICT POLLIO #5753. PAUL MALONEY #5748. THOMAS DeMAGGIO #5758. ANTHONY and JOANNE KROPP #5760. PAUL and LINDA ZENESKI #5767. ALFRED and MARY KNAPP #5761. ANDREW and ANN MONACO #5769. MARGARET TRAVIS RADACINSKI #5770. THEODORE HARRIS #5773. ALBERT and BARBARA REIBLlNG #5775. MARIA TRUPIA #5768. PETER IZZO #5765. MARY BUTZ #5772. PETER SABAT #5763. JAMES and DENISE MARTIN #5742. MARY R. RAYNOR #5711. W. BRUCE and MARY ANN BOLLMAN #5680. JENNIFER B. GOULD #5781. Resolution was duly adopted (5-0). * * * II. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated and is entirely entered into the official record. All testimony should be limited to zoning issues properly before the Board. 9:15 AM JOHN and ANTOINETTE ROBERTSON #5776. Request for a Variance under Section 100-33, based on the Building Inspector's August 11, 2005 Notice of Disapproval and August 23, 2005 updated review determination. The reason stated for disapproving the building permit application is, that after construction of the proposed additions, a nonconformance will be created for the side yard placement of the existing accessory garage (presently in the code-defined rear yard). Location: 1350 Marlene Lane, Mattituck; CTM 144-2-37. (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. The Resolution was duly adopted (5-0). 9:19 AM THOMAS ANDERSON #5782. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's August 25, 2005 Notice of Disapproval for proposed addition with alterations to the existing dwelling which is less than 50 feet from the rear lot line. The proposed addition to add a partial story will constitute an increase in the degree of nonconformance. Location: 1240 Love Lane, Mattituck; CTM 140-1-23.1. Zone District: Marine II. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried to close the hearing reserving decision. The Resolution was duly adopted (5-0). Page 3 - Minutes Meeting held October 20, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 9:24 AM ROMAN WATROBA #5774. Request for a Variance under Section 100-244, based on the Building Department's August 9, 2005 Notice of Disapproval for a proposed addition at less than 35 feet from the front lot line, at 775 Midwood Road (a1k1a 70 Pinewood Road), Cutchogue; CTM 100-2-17. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 9:26 AM RICHARD and MARIE SCHULKEN #5771. Request for a Variance under Sections 100-242A and 100-244, concerning proposed additions and alterations at less than 10 feet on a single side yard and less than 25 feet combined side yard total, and lot coverage in excess of the code's 20% limitation on this 4,158 sq. ft. lot. The new construction will constitute a new nonconformance and increase the degree of existing nonconformance. Location: 10435 Peconic Bay Blvd., Mattituck; CTM 144-1-24. (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. The Resolution was duly adopted (5-0). 9:29 AM RICHARD KUBIAK #5780. Request for Relief from ZBA Conditions rendered 1/11/98 under Appeal No. 3696, based on Section 100-239.4B (formerly 100-119.2) to authorize conversion of portion of the existing open into additional living area, at 50 Willow Point Road, South old; CTM 56-5-25. (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. The Resolution was duly adopted (5-0). 9:31 AM BENEDICT POLLIO #5753. P. Moore, Esq. (Carryover from 8/18/2005 PH #1). Request for a Variance, based on the Building Department's March 22, 2005 Notice of Disapproval concerning an addition to an existing dwelling. The reason for disapproval is that Section 100-31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except .... (1) One- family detached dwellings, not to exceed one dwelling on each lot. The new construction is proposed on a lot which contains more than one dwelling. Location: 445 Komogenor Point Road, New Suffolk; CTM 117-10-1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-1). 10:18 AM PAUL MALONEY #5748. Request for a Variance under Section 100-33, based on the Building Department's June 6, 2005 Notice of Disapproval concerning a new accessory garage proposed in a front yard at less than 40 feet from the code-required front lot line, at 1020 Goose Creek Lane, Southold; CTM 78-8-3. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:19 AM THOMAS DeMAGGIO #5758. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's June 30, 2005 Notice of Disapproval, concerning a new addition which will create a new nonconformance and/or increase the degree of nonconformance when located at less than 10 feet on a single side yard, at 733 Smith Road, Page 4 - Minutes Meeting held October 20, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: Peconic; CTM 98-4-8. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:21 AM ANTHONY and JOANNE KROPP #5760. R. Stromski, Architect. Request for Variances under Sections 100-33 and 100-244, based on the Building Inspector's July 12, 2005 amended Notice of Disapproval, concerning: (a) proposed additions and alterations at less than 15 feet on a single side yard; (b) proposed construction of a new accessory shed with new height, replacing the existing shed, and construction of a new accessory garage/shed in a location at less than the code-required five (5) feet. Location of Property: 360 Riley Avenue, Mattituck; CTM 143-5-8. (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. The Resolution was duly adopted (5-0). 10:47 AM PAUL and LINDA ZENESKI #5767. Michael Wideman, Builder. Request for a Variance under Section 100-33, based on the Building Inspector's July 13, 2005 Notice of Disapproval, concerning construction of an accessory garage, proposed partially in the side yard instead of the rear yard at 365 Jasmine Lane, Southold; CTM 70-1-6.3 (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:50 AM ALFRED and MARY KNAPP #5761. Steven Keller, Architect. Request for a Variance under Section 100-33, based on the Building Inspector's May 13, 2005 Notice of Disapproval, for an accessory carport proposed in a front yard instead of the code-required rear yard, at 3120 Soundview Avenue, Peconic; CTM 68-4-9. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:57 AM ANDREW and ANN MONACO #5769. Request for a Variance under Section 100- 239.4A, based on the July 11, 2005 Building Inspector's Notice of Disapproval, concerning a proposed deck addition at less than 100 feet from the top of the bank or bluff of the Long Island Sound. Location 65 Aquaview Avenue, East Marion; CTM 21-2-1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11:15 AM MARGARET TRAVIS RADACINSKI #5770. Request for a Variance under Section 100-244, based on the Building Inspector's August 11, 2005 Notice of Disapproval, concerning deck additions to the existing dwelling at less than 40 feet from the front lot line and less than 50 feet from the rear lot line, on this 21,484 sq. ft. corner lot. Location of Property: West Side of Sound Road and 69435 C. R. 48 at intersection with NYS Route 25, Greenport; CTM 35-1-8. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held October 20, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 11 :17 AM THEODORE HARRIS #5773. Request for Variances under Section 100-32 and 100- 244A, based on the Building Inspector's April 27, 2005 Notice of Disapproval, concerning proposed additions and alterations with an increase in the degree of nonconformance when located less than 60 feet from the front lot line, at 3805 Alvahs, Lane, Cutchogue; CTM 101-2- 24.4. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11 :22 PM ALBERT and BARBARA REIBLlNG #5775. Meryl Kramer, Architect. Request for Variances under Sections 100-30A.3 and 100-244, based on the Building Inspector's August 3, 2005 Notice of Disapproval, concerning a proposed addition and alterations to the existing dwelling on this 8,712 sq. ft. lot. which will increase the degree of setback nonconformance when located less than 35 feet from the rear property line, and under Section 100-239.4B for new construction at less than 75 feet from the bulkhead. Location of Property: 75 Island View Drive, Greenport; CTM 57-2-32. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). Lunch break from 11 :30 - 12:30 PM. Chairwoman Oliva reconvened the meeting at 1 :10 PM, and proceeded with Agenda Items as follow: 1:15 PM MARIA TRUPIA #5768. Requests for: (a) Special Exception for a two-family dwelling under Section 100-31B, and (b) Lot Size Variance under Section 100-32, Bulk Schedule, for a two-family dwelling on a lot containing less than 80,000 square feet. In the event a variance and special exception is not granted, authorization is requested for occupancy in a unit of the existing dwelling to care for family member(s) altered and enlarged for separate living floor area accessory to the single-family dwelling. Location: 105 Brower Road, Mattituck; CTM 107-8-34. Zone: R-40 Residential. (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 November 17, 2005 at 1 pm. The Resolution was duly adopted (5-0). 1 :25 PM PETER IZZO #5765. Proper-T Permit Services, Jim Fitzgerald. Request for Variances under Section 100-244, based on the Building Inspector's June 9, 2005 Notice of Disapproval concerning deck construction, open to the sky, and outside additions with shower stall, as-built at less than 15 feet on a single side yard and less than 35 feet for combined side yards, at 1435 Vanston Road, Cutchogue; CTGM 111-4-13. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1:30 PM MARY BUTZ #5772. Request for a Variance under Section 100-33, based on the Building Inspector's July 29, 2005 Notice of Disapproval concerning a proposed accessory swimming (lap) pool at less than the code-required 40 feet from the front lot line, at 2022 Hyatt Road, Southold; CTM 50-1-21. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Page 6 - Minutes Meeting held October 20, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1:40 PM JAMES and DENISE MARTIN #5742. P. Moore, Esq. Request for Variances under Sections 100-33 and 100-231, based on the Building Inspector's August 3,2005 amended Notice of Disapproval, concerning: (1) the proposed location of a tennis court and an as-built accessory shed, both less than 60 feet from the front lot line, and (2) proposed fencing which will exceed the code's 4 ft. height limitation when located in a front yard and will exceed 6.5 ft. height limitation when located in a side yard. Location: 1695 Meadow Beach Lane, Mattituck; CTM 116-4-31. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:28 PM PETER SABAT #5763. Request for a Variance under Section 100-244, based on the June 24, 2005 Notice of Disapproval concerning a deck, open to the sky, with gazebo addition to the existing single-family dwelling, as-built in a location less than the code-required 35 feet from the rear lot line, at 4895 Peconic Bay Boulevard, Laurel; CTM 128-1-17. (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. The Resolution was duly adopted (5-0). 2:32 PM MARY R. RAYNOR #5711. R. Lark, Esq. Request for Variances under 100-242A and 100-244, based on the Building Department's amended July 14, 2005 Notice of Disapproval, concerning new first floor foundation construction, new second-story addition, and new deck increasing the degree of nonconformance as proposed with side yard setbacks at less than 10 feet, less than 15 feet on the remaining side, and with lot coverage exceeding the code limitation of 20%, at 575 Beachwood Road, Cutchogue, CTM 116-4-21. (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. The Resolution was duly adopted (5-0). 3:32 PM COMBINED HEARINGS ON THE FOLLOWING: W. BRUCE and MARY ANN BOLLMAN #5680. Harvey Arnoff, Esq. (Re-hearing to reconsider ZBA decision rendered 5/12/05). Request for Variances under Section 100- 244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less that 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20%, and (4) at less than 75 feet from the bulkhead. Location: 1755 Truman's Path, East Marion; CTM 31-13-4. JENNIFER B. GOULD #5781. This is an appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location: 1755 Truman's Path, East Marion; CTM 31-13-4. . Page 7 - Minutes Meeting held October 20, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). . . . III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Oliva, seconded by Member Goehringer to authorize advertising of new hearings for 11/17/05 at 9:30 am. B. The Board confirmed its scheduled Special Meeting 6:00 PM October 27, 2005: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. . . . IV. DELIBERATIONS/DECISION on the foliowing application: DENIED WITH ALTERNATIVE RELIEF WITH CONDITIONS JOHN MORSE #5726. . . . 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 5:50 p.m. Respectfully submitted, ?l.u J': -X:IW~' L~alski Secretary, Board of Appeals Included by Reference: Filed ZBA Decision (1) ~ tv ,c1lXI'~ Ruth D. Oliva, Chairwoman Approved for Filing RECEIVeD ..~ I,' .3 tJ ,t? ff{ ~~~!~, SoufliVld Tc,\',-Il (Ierk . APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 20, 2005 ZB File No. 5726 - JOHN MORSE Property Location: 820 Old Salt Lane, Mattituck CTM 144-5-15 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 applicant's 20,286 sq. ft. parcel is located at the end of Old Salt Road, and is improved with an existing single-family dwelling and accessory frame garage as shown on the July 18, 2003 land survey prepared by John C. Ehlers. BASIS OF APPLICATION: Building Department's April 25, 2005 Notice of Disapproval, amended June 13, 2005, citing Zoning Code Sections 100-239.4B, 100-242A, 100-33; 100-244. The reasons stated in the Building Inspector's disapproval are that: (a) the new additions to the accessory garage will be an increase in the degree of nonconformance when located less than 40 feet from the front lot line and less than 5 feet from the side lot line; (b) the substantial reconstruction to the dwelling, with additions, will be less than 50 feet from the rear lot line and less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 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: The applicants wish to construct new additions to the existing dwelling and addition with alterations to the existing garage, as shown on the August 24, 2005 land survey prepared by John C. Ehlers and construction diagrams prepared by North Shore Design Assoc. dated 1-29-05, date stamped May 13, 2005, pages 1 through 11. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: . Page 2 - October 20, 2005 ZB File No. 5726 - John Morse CTM 144-5-15 1. The addition and alterations to the existing garage, as applied for, are only for purposes of providing unheated storage in an area above the first floor, and to provide storage area for parking/storage of the family's two vehicles. The height to the top of the ridge of the new roof will be 24 feet maximum. 2. The applicant is proposing new additions and alterations to the existing dwelling for the purpose of converting the home from summer use to year-round occupancy. The Board is not in agreement with applicant's proposal for an octagonal deck at 27 feet from the (former) sea wall, and discusses alternative relief, noted below. 3. Homes in this residential waterfront community (Salt Lake village) date back to the 1930s, having been renovated and updated. The neighborhood consists mainly of one-story, single-family homes, on nonconforming-size lots located on a peninsula of James Creek and Peconic Bay. There are a few dwellings with second-floors, designed with relatively shallow roof lines that match the one-story homes in the community. 4. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The alternative relief reduces the height of the new second-floor addition to the home to 26 feet measured from ground to the top of the roof ridge, instead of the applicant's request for 30 feet to the top of the roof ridge. The alternative relief for the garage denies the raised balcony area originally proposed by the applicant. The increase in the degree of nonconformity for the garage will not reduce the setback and will contribute to the overall attractive character of the property. 5. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The size of the lot is nonconforming at 20,286 square feet. Sections of the lot will continue to maintain restricted buffer areas from the Creek and Great Peconic Bay waterfront and beach area owned by the applicant. 6. The relief granted herein is substantial. The code reqUires a minimum of 75 feet from bulkheads, and the setback for the new construction will be an increase in the existing nonconformity at 24.7 feet at its closest point (to the house at the northeast corner), and for the shed, all as shown on the August 24, 2005 land survey prepared by John C. Ehlers. 7. The difficulty has been self-created since the garage and dwelling have existed in nonconforming locations for many years. 8. No evidence has been submitted to suggest that variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has obtained authorization from the Southold Town Board of Trustees and the New York State Department of Environmental Conservation for new construction activities. 9. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. . . Page 3 - October 20, 2005 ZB File No. 5726 - John Morse elM 144-5-15 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 DENY the variances, as originally applied for, and to GRANT alternative relief, concerning the new construction shown on the August 24, 2005 land survey prepared by John C. Ehlers and construction diagrams prepared by North Shore Design Assoc. dated 1-29-05, date stamped May 13, 2005, pages 1 through 11, subject to the following CONDITIONS: 1. (Ref. House Additions). That the deck at the southeast corner of the house extend no further to the south than a line running east-west 2. (Ref. House Additions). That the height to the top of the ridge shall not exceed 26 feet. 3. (Ref. House Additions). That the new deck area shall remain open to the sky. 4. (Ref. Garage Addition): That the upper balcony is not permitted and must be removed from the plan. 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 features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-Br \)~ f:J C1Qw.c::Q Ruth D. Oliva, Chairwoman 10/21/2005 Approved for Filing