HomeMy WebLinkAboutZBA-11/17/2005
"
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
RECEIVED
JUN 5 2005
MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 17, 2005
Soulliv\d T"~m Clerk
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,
November 17, 2005 commencing at 9:30 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
9:41 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
apartmenUbed and breakfast requests):
JOHN and BARBARA CONDON #5785.
MARTIN KOSMYNKA (contract vendee) and TIDE GROUP, INC. #5779.
ALEXANDER SZNURKOWSK I #5786.
.'
.'
Page 2 - Minutes
Meeting held Nnvember 17,2005
Southold Town Board of Appeals
Tvoe II Actions continued: (No further steps - setback/dimensional/lot waiver/accessory
apartmenVbed and breakfast requests):
RALPH PASARO #5790.
SIMON CAUDULLO #5787.
CHERYL HANSEN REVOCABLE TRUST #5796.
ELLEN J. McNEILLY #5800.
MONTAUK BUS SERVICE, INC.#5778.
BARTON and PAT JOHNSON #5788.
MICHAEL ZEVITS #5789.
PREMIUM WINE GROUP LLC #5784.
JAMES and DENISE MARTIN #5794.
M. and H. REDDINGTON #5791.
JOHN and JANE ANN INGRILLI #5734.
MARY RAYNOR #5711.
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.
9:42 AM JOHN and BARBARA CONDON #5785. Request for a Variance under Section 100-
244, based on the Building Department's August 31, 2005 Notice of Disapproval concerning a
proposed addition at less than 35 feet from front lot line, at 1755 Sigsbee Road, Mattituck; CTM
144-2-12. (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).
9:49 AM MARTIN KOSMYNKA (contract vendee) and TIDE GROUP, INC.#5779. Request for a
Variance under Section 100-43C, based on the Building Inspector's August 2, 2005 Notice of
Disapproval, to allow an Apartment unit for security/management purposes related to the
proposed public storage use, at 50 Commerce Drive, Cutchogue; Parcel 96-1-1.4. Zone District:
LI Light Industrial. (Please see transcript of written statements prepared under separate coveL)
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).
10:05 AM ALEXANDER SZNURKOWSKI #5786. Request for a Variance under Section 100-
244, based on the Building Inspector's July 21, 2005 Notice of Disapproval, amended September
14, 2005 concerning a proposed addition and alterations to an existing dwelling, creating a total
side yard setback area of less than the code required 35 feet (15 and 20 feet), at 710 West Shore
Drive, Southold; CTM 80-1-46.1. (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).
10:09 AM RALPH PASSARO #5790. John Condon, PE. Request for Variances under Sections
100-33A.4 and 100-244, based on the Building Inspector's August 31, 2005 Notice of
Disapproval, concerning as-built additions at less than 50 feet from the rear yard line, and as-built
Page 3 - Minutes
Meeting held November 17,2005
Southold Town Board of Appeals
PUBLIC HEARINGS. continued:
shed located in a side yard instead of the code-required rear yard, at 875 Deerfoot Path,
Cutchogue; CTM 103-4-6. (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).
10:12 AM SIMON CAUDULLO #5787 and as amended under #5801. Request for Variances
under Sections 100-12 and 100-244B, based on the Building Department's August 24, 2005
Notice of Disapproval, amended October 24, 2005, concerning as-built additions and alterations
to a non-habitable building with nonconformities in the following areas: (a) less than 35 feet from
the front yard line, (b) lot coverage exceeding the code limitation of 20% lot area, and (c) living
area less than the code required minimum 850 square feet for dwelling use, at 970 Seventh
Street, Greenport; CTM 48-2-19. (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).
10:26 AM CHERYL HANSEN REVOCABLE TRUST #5796. Request for Variances under Code
Sections 100-33 and 100-239.4B concerning a proposed accessory garage located partly in a
side yard instead of the code-required front or rear yard, and at less than 75 feet from the
bulkhead, at 445 Elizabeth Lane, Southold; CTM 75-5-3. (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).
A short 5-minute recess was taken.
Chairwoman Oliva reconvened the meeting at 10:38 PM, and proceeded with Agenda Items as
follow:
10:38 AM ELLEN J. McNEILLY #5800. Request for a Variance under Section 100-244, based
on the Building Inspector's October 18, 2005 Notice of Disapproval concerning proposed
additions/alterations to the existing dwelling, which will constitute an increase in the degree of
nonconformance when located at less than 10 feet from the code-required minimum side yard, at
70 Vincent Street, Orient; CTM 26-1-5. (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).
10:43 AM MONTAUK BUS SERVICE, INC. #5778. Eric Russo, Esq. Request for a Special
Exception under Section 100-141 (B-6) concerning a proposed Bus Terminal use and related
building areas located at 115 Commerce Drive, Cutchogue; CTM 96-1-1.2. Zone District: LI
Light Industrial. (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).
11 :20 AM BARTON and PAT JOHNSON #5788. Nancy Steelman, Architect. Request for a
Variance under Section 100-239.4B, concerning demolition of an existing dwelling and proposed
new dwelling at less than 75 feet from the bulkhead, at 860 Bayview Drive, East Marion; CTM 37-
5-7. (Please see transcript of written statements prepared under separate coveL) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
Page 4 - Minutes
Meeting held November 17, 2005
Southold Town Board of Appeals
PUBLIC HEARINGS. continued:
by Member Goehringer, to close the hearing reserving decision. The Resolution was duly
adopted (5-0).
11 :24 AM MICHAEL ZEVITS #5789. Request for a Variance under Section 100-244,
concerning a proposed new dwelling, based on the Building Department's June 22, 2005 Notice
of Disapproval, amended September 13, 2005, for the reason that the new construction will be
less than 35 feet from the front yard line and less than 75 feet from the bulkhead, at 1450 West
Lane, Southold; CTM 88-6-18.5. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Member Goehringer, seconded by Member Orlando to close the hearing reserving decision. The
Resolution was duly adopted (5-0).
11 :40 AM PREMIUM WINE GROUP LLC #5784. A. Wickham Esq. with Russell Crom and
Nancy Steelman, R. A. Request for a Variance under Section 100-83C, based on the Building
Department's August 9, 2005 Notice of Disapproval, concerning proposed additions and
alterations connecting two existing buildings, resulting in a linear frontage following the new
construction of more than the code limitation of 60 feet on one street. Location of Property: 35
Cox Neck Road at Sound Avenue, Mattituck; CTM 121-06-01. (Please see transcript of written
statements prepared under separate cover.) 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).
12:07 PM JAMES and DENISE MARTIN #5794. P. Moore, Esq. and Ural Taggart Architect.
Request for Variances under Section 100-33 and 100-242A, based on the Building Department's
September 28, 2005 Notice of Disapproval, concerning as-built accessory structures (trellis, hot
tub structure, shed), expansion of the swimming pool, and alterations of an existing shed to an
outdoor shower and changing area related to use of the swimming pool, and storage. The
reasons stated in the Building Inspector's Notice of Disapproval are that the new construction
related to the accessory buildings/structures are less than 60 feet from the front yard line, and
that the change of use of the existing nonconforming shed increases the nonconformity when the
use is intensified to a different accessory use. Location of Property: 1695 Meadow Beach Road,
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).
12:20 PM M. and H. REDDINGTON #5791. Request for Variances under Sections 100-32 and
100-25, based on the Building Inspector's August 23, 2005 Notice of Disapproval, for area, width
and depth in the division of merged lands, conveyed by deeds after May 1983. The reasons
stated in the Notice of Disapproval are that the lots are merged, and no deed of record was found
for separate lots 7.1 or 7.2 (required for lot recognition under Section 100-24A-1). Location of
Property: Corner of Horton Road and Bittersweet Lane, Cutchogue; CTM 104-2-7.1 and 104-2-7.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
by Member Goehringer, to close the hearing reserving decision. The Resolution was duly
adopted (5-0).
Page 5 - Minutes
Meeting held November 17, 2005
Southold Town Board of Appeals
PUBLIC HEARINGS. continued:
1 :50 PM JOHN and JANE ANN INGRILLI #5734. Pat Moore, Esq. Request for Variances
under Sections 100-33 (100-30C) and 100-244B, based on the Building Inspector's April 12, 2005
Notice of Disapproval, amended October 24, 2005, concerning removal of the existing garage
and construction of a new accessory building with garage and storage on the first floor, and
workshop on the second floor and plumbing for a half-bathroom. The reasons stated in the
Building Inspector's Notice of Disapproval are that the building is not permitted because the
setback will be less than 50 feet from the rear yard line and that the workshop use is not a
permitted use. Location of Property: 10375 Nassau Point Road, Cutchogue; CTM 119-1-15.
(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).
2:38 PM RQA PROPERTIES (RICH'S QUALITY AUTO BODY) #5759. A. Wickham, Esq.
Request for a Variance under Section 100-241 A, based on the Building Department's May 26,
2005 Notice of Disapproval, concerning a proposed detached 1760+ square foot building for
business activities related to the existing nonconforming auto body business. The reason stated
in the Building Inspector's denial is that the property is zoned Residential R-40 and a
nonconforming auto body shop use is not permitted to be enlarged, altered, extended,
reconstructed, or placed on a different portion of the lot or parcel of land occupied by such use on
the effective date of this chapter, nor shall any external evidence of such use be increased by an
means whatsoever. Location of Property: 29950 Main Road at Intersection with Fleets Neck
Road (a/k1a Pequash Ave.), Cutchogue; CTM 102-3-1. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Orlando, 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 12/15/05 and 1/19/06. VOTE
OF THE BOARD: Ayes All (5-0).
B. The Board confirmed its scheduled Special Meeting 6:00 PM December 1, 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 following application:
DENIED WITH ALTERNATIVE RELIEF
MARY RAYNOR #5711.
. . .
Brief reviews of pending files and general discussions by Board Members followed.
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Vincent Orlando
James Dinizio, Jr.
Michael A. Simon
Southold Town Hall
53095 Main Road' PO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoJdtown .northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809' Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 17, 2005
ZB File No. 5711 - MARY RAYNOR
Property Location: 575 Beachwood Road, Cutchogue CTM 116-4-21
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 10,490 sq. ft. parcel has 35 feet along Beachwood Road (a private
road), 196.51 feet along the westerly side line, 247.63 feet along the easterly side line, and 81.19 feet along the southerly
line (bulkhead). The lot is improved with a single-story cottage with decks, and detached accessory garage building, as
shown on the March 15, 2005 survey prepared by Peconic Surveyors, P.C.
BASIS OF APPLICATION: Building Department's April 15,2005 Notice of Disapproval, citing Sections 100-242A and
100-244 based on the Building Department's amended July 14, 2005 Notice of Disapproval, concerning a proposed
second-story addition, for the reasons that the addition will increase the degree of nonconformance 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%.
On June 13, 2005 the Building Inspector amended the Notice of Disapproval ('ND') to address the amendments, adding
requests for new construction related to the first-fioor replacement (without removing the existing foundation), and minor
foundation area for a new deck addition. On July 14, 2005 the Building Inspector amended the Notice of Disapproval to
address the new lot coverage calculated by the applicant's architect, replacing the June 13, 2005 calculations.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 and October 20, 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:
EXISTING NONCONFORMITIES: The existing house is a single-story seasonal building with porch and open, unroofed
deck areas. The side setbacks and lot coverage are nonconforming under the current zoning regulations. The lot
coverage is nonconforming at 24.6+- percent, or 2580 square feet of building area (all buildings and foot prints). The
house is 1.2 feet on west side and 2 feet on east side measured from the existing first fioor at its closest points.
Combined side yards are nonconforming at 3.2 feet for both. The setback to the bulkhead is nonconforming at 60+- feet
to the house, and 50+- feet to the rear deck.
AREA VARIANCE RELIEF REQUESTED: The applicant wishes to reconstruct the first fioor for expanded, new living
space, at 1.2 feet from the westerly lot line and 2 feet from the easterly lot line, and to add a partial second story, within
the existing nonconforming side yards and nonconforming lot coverage. The extended lot coverage will be for a new deck
area.
Page 2 - November 17, 2005
Appeal No. 5711 - Mary Raynor
CTM 116-4-21
'.
During the hearing, the applicant (Mrs. Raynor) explained the need to update the cottage and increase the living area.
Mrs. Raynor has resided at her family home on Cardinale Drive, and wishes to change the use of their beach cottage from
seasonal to full time, year-round occupancy, and to expand the living space (reconstructing and adding heat and other
updated facilities). The cottage was placed on this site more than 75 years ago, and about 1994, the applicant built a new
breakaway foundation which met the Flood Emergency Management Act safety standards. The applicant also
straightened the decks that were damaged due to floods over the years, and upgraded and expanded the sanitary
system.
The residents of the westerly adjacent house addressed their concerns to the Board, both in writing and at the public
hearing, concerning the existing 1.2 ft. setback, proposed to be maintained for the new first floor on the westerly side of
the home. In addition, the adjacent landowners suggested a four ft. minimum setback on the westerly side of the
applicant's cottage which provides access from the applicant's yard to the beach areas without trespassing through the
house or over adjacent lands.
No zoning variances were found for the immediate area relative to iot coverage or side yards, although other homes in the
immediate area are improved with homes with side yard setbacks varying from 8 feet, 12 feet, and greater.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,
the Board makes the following findings:
1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to
nearby properties. The applicant's plan is to reconstruct the first floor for expanded, new living space, at 1.2 feet from the
westerly lot line and 2 feet from the easterly lot line, at its closest points. Also proposed is a new (partial) second story
and extension for deck area. Although the lot width is only 35 feet along the road, the width of the lot at the center of the
existing cottage is 47+- feet. The new first floor will be 42 ft. wide, leaving a 1.2 ft. setback at the northwest corner of the
new first floor and 2 feet at the opposite northeast corner. The applicant reduced a portion of the westerly side by two
feet, which proposing a 2.8 ft. setback for the new first floor, instead of the existing 1 ft. of the older porch that exists. The
first floor area is larger than the proposed second floor addition and is shown to be 7+- feet from the westerly side lot line
at its closest point.
The alternative granted in this variance will increase the setbacks, although remaining nonconforming, on the westerly
side from 1.2 ft., to a minimum of 3 feet at the northwest closest corner, and from the existing 3.6 feet to a minimum of 5
feet on the easterly side, will be more conforming to the code requirements, and at the same time will provide a balance
by reducing an effect to adjacent properties with increased setbacks, against the benefits given to the applicant for the
reconstruction and expanded living space. The amount of floor space that would be reduced with the alternative setbacks
is not substantial and is necessary for more conformity into the side yards, since the existing side yard setbacks are
substantially nonconforming. Also, the increased side setbacks would provide utilization of the open side yard, instead of
accessing through the applicant's dwelling or over adjacent property for access purposes between the beach and the road
side of the dwelling. Existing open deck areas may also be considered for conversion into necessary living space without
building new construction within the sides.
2. The benefit sought by the appiicant cannot be achieved by some method, other than an area variance. The property is
unique in its dimensions and shape, with only 35 ft. frontage along the private road, widening to 81 feet along the
waterfront (beach and bulkhead) along Peconic Bay. The lot is improved with a one-story cottage with open, unroofed
deck areas covering 21.6+- percent of the lot, plus an existing 320 sq. ft. garage, covering 3+- percent of the lot. The
location of the sanitary system creates difficulty to expand in the front yard, leaving very little alternative except to convert
the front open deck area (footprint) for additional living floor area.
3. The relief requested is substantial. The code requires a minimum of 10 ft. minimum on a single side yard, and 15 feet
on the opposite side yard, for a total minimum of 25 feet for both side yard setback area. The code also limits lot
coverage to 20% of the lot size, and the lot is covered 24.6+- percent (2,580 sq. ft. of total building area including the 320
sq. ft. garage and large open deck areas that exist).
4. The difficulty has been self-created in that the applicant acquired the property with knowledge of the location of the
existing cottage and lot size and the flOnconformities.
.'
\~ Page.3"- November 17, 2005
. . Appeal No. 5711 - Mary Raynor
CTM 116-4-21
5. No evidence has been submitted to suggest that the grant of alternative relief will have an adverse impact on the
physical or environmental conditions in the neighborhood. This is a community of residences, some of which were built
prior to the enactment of zoning in 1957. A few have been renovated, repaired or expanded in size over the years.
6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of
reconstruction and alterations to the first floor and additions to the second floor, 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 Orlando, seconded by Member Goehringer, and duly carried, to
DENY the variances as applied for, and to
GRANT alternative relief, with modified diagrams prepared 9-13-05 by Suter and Suter (submitted 9-28-05), with
a requested height shown at 32 feet from the existing grade to the top of the ridge, and utilizing the existing
foundation, subject to the following Conditions:
1. There shall be a minimum setback of the requested 5.5 feet to the westerly lot line, for half the length
on the seaward side of the house from the southwest corner, and minimum setback of three (3) feet to the
westerly lot line, for the remaining half of the length (road-side, or southerly half between the north and south
points), at its closest points.
2. There shall be a minimum setback of two (2) feet (existing setback) from the easterly side lot line, at its
closest point.
3. Use of existing foundation (without proposed excavation).
4. Height not to exceed the requested 32 feet to top of ridge.
5. Expansion into existing deck footprints shall be authorized for additional living area, without new
application, when new construction setbacks conform to code and lot coverage does not exceed that
authorized in this variance (25.5%).
6. Both side yards shall remain open and unobstructed at all times for clearance (related 'to emergency
and fire vehicle access purposes).
7. That drywells with a roof gutter system shall be maintained in good condition at all times for
containment of rainwater runoff.
8. Deck areas shall be open to the sky.
9. Lot coverage shall not exceed 25.5% of the lot size.
10. No building permit shall be issued until a new application for a building permit is submitted that meets
all of the conditions set forth in this decision and is reviewed (for compliance with the conditions) by the
ZBA Chairperson or other representative in the Department of the Zoning Board of Appeals.
11. The owner or her authorized agent shall notify the Zoning Board of Appeals in writing in the event of
a proposed change in circumstances, or new developments, related to the new construction, after
issuance of this variance. The Zoning Board of Appeals reserves the right to require a new application
with respect to any change in nonconformity that is restricted by' this variance determination and the
~rovisions of the zoning code.
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), Goehringer, Dinizio, and Simon. (Member Orlando was absent.)
This Resolution was ~UIY adopted (4-0)'Q ~ .
~"'" -< ho., fj. ~ Q."A,a,
uth D. Oliva, Chairwoman 12~05
Approved for Filing
.~
..
....
,..'
Page 6 - Minutes
Meeting held November 17, 2005
Southold Town Board of Appeals
. . .
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,
~ad ~11V~'
Linda Kowalski
Secretary, Board of Appeals
Included by Reference: Filed ZBA Decision (1)
, -,
\.L0:f2v fJ. (]~0
Ruth D. Oliva, Chairwoman
Approved for Filing
RECEIVeD (.. ~
/: b011J1
~O~
Souii.vid 1<,\,;0 llerk